20170905 TZCA Dar es Salaam
The preliminary objection was overruled because the alleged defects were either not required by law, were trivial, or did not prejudice the respondent, and the appeal complied with the procedural requirements.
- Citation
- 20170905 TZCA Dar es Salaam
- Parties
- Appellant: Prosper Paul Massawe; Appellant: Hilda John Mushi; Appellant: Wilerick Paul Massawe; Respondent: Access Bank Tanzania Ltd
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 5 September 2017
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- preliminary objection overruled
- Legal Topics
- Preliminary Objection, Appeal Procedure, Certification of Documents, Variance Between Notice and Memorandum of Appeal, Certificate of Delay
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Prosper Paul Massawe
Appellant
Hilda John Mushi
Appellant
Wilerick Paul Massawe
Appellant
Access Bank Tanzania Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the appeal is incompetent due to uncertified exhibits and defective pleadings
- 2 Whether variance between notice of appeal and memorandum of appeal renders the appeal incompetent
- 3 Whether procedural defects in application for proceedings and certificate of delay render the appeal incompetent
Ratio Decidendi
The preliminary objection was overruled because the alleged defects were either not required by law, were trivial, or did not prejudice the respondent, and the appeal complied with the procedural requirements.
Court Disposition
preliminary objection overruled
Orders
- preliminary objection dismissed
- costs awarded to appellants
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment