20100831 TZCA Arusha

20100831 TZCA Arusha

The absence of the date of lodgement and the Registrar's signature on the Memorandum of Appeal is a fundamental defect that renders the appeal incompetent; without a valid memorandum of appeal, there is no appeal before the court.

Source-derived case information.

Citation
20100831 TZCA Arusha
Parties
Appellant: Rajabu Suya & 42 Others; Respondent: Arusha International Conference Centre
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 August 2010
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Preliminary Objection, Memorandum of Appeal, Court Jurisdiction, Procedural Compliance
Source Language
english
Civil Procedure Preliminary Objection Memorandum of Appeal Court Jurisdiction Procedural Compliance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rajabu Suya & 42 Others

Appellant

Arusha International Conference Centre

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether lack of date of lodgement and Registrar's signature on the Memorandum of Appeal is a mere technicality or a fatal defect
  2. 2 Whether the preliminary objection was properly served within the prescribed time

Ratio Decidendi

The absence of the date of lodgement and the Registrar's signature on the Memorandum of Appeal is a fundamental defect that renders the appeal incompetent; without a valid memorandum of appeal, there is no appeal before the court.

Court Disposition

appeal struck out with costs

Orders

  • The preliminary objection is sustained.
  • The appeal is struck out with costs.