20090320 TZCA Dar es Salaam

20090320 TZCA Dar es Salaam

The appeal is incompetent due to the lack of a properly dated and signed drawn order, as required by law, and must be struck out.

Citation
20090320 TZCA Dar es Salaam
Parties
Appellant: Ramadhani A. Kidagaa; Respondent: Mayasa Abdallah; Respondent: Asia Abdallah
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 March 2009
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Defective Drawn Order, Proper Parties to Appeal, Requirements for Decrees and Orders, Technicalities Versus Substantive Justice
Source Language
English
Civil Procedure Probate and Administration Defective Drawn Order Proper Parties to Appeal Requirements for Decrees and Orders Technicalities Versus Substantive Justice

Case Brief

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Parties

Ramadhani A. Kidagaa

Appellant

Mayasa Abdallah

Respondent

Asia Abdallah

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is incompetent due to a wrongly dated and signed drawn order
  2. 2 Whether the appeal is incompetent for being preferred against parties who were not parties or caveators in the original cause

Ratio Decidendi

The appeal is incompetent due to the lack of a properly dated and signed drawn order, as required by law, and must be struck out.

Court Disposition

appeal struck out

Orders

  • The incompetent appeal is struck out with costs.