20120508 TZCA Arusha

20120508 TZCA Arusha

The decree in the record of appeal did not bear the date on which the judgment was pronounced, violating Order XX Rule 7 of the Civil Procedure Code and rendering the appeal incompetent under Rule 96(1)(h) of the Court of Appeal Rules, 2009.

Citation
20120508 TZCA Arusha
Parties
Appellant: Philemon Mang'ehe t/a Bukine Traders; Respondent: Gesson Herbon Bajuta
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 May 2012
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Decree Validity, Appeal Competency, Procedural Defects
Source Language
English
Civil Procedure Decree Validity Appeal Competency Procedural Defects

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Parties

Philemon Mang'ehe t/a Bukine Traders

Appellant

Gesson Herbon Bajuta

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is incompetent for want of a valid decree under Rule 96(1)(h) of the Court of Appeal Rules, 2009
  2. 2 Whether the decree must bear the date on which judgment was pronounced as required by Order XX Rule 7 of the Civil Procedure Code

Ratio Decidendi

The decree in the record of appeal did not bear the date on which the judgment was pronounced, violating Order XX Rule 7 of the Civil Procedure Code and rendering the appeal incompetent under Rule 96(1)(h) of the Court of Appeal Rules, 2009.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out with costs.