20041216 TZCA Dar es Salaam

20041216 TZCA Dar es Salaam

The appeal is incompetent because the record does not contain valid decrees or orders signed by the judge who delivered the decisions, as required by law. The defect cannot be cured by filing a supplementary record after a preliminary objection has been raised.

Source-derived case information.

Citation
20041216 TZCA Dar es Salaam
Parties
Appellant: Rashid Abdulla Rashid El Sinani; Appellant: Oman International Club; Respondent: Mussa Haji Kombo; Respondent: Ali Mohamed Mussa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 December 2004
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Validity of Decrees and Orders, Competency of Appeal, Court Procedure, Signing of Decrees
Source Language
english
Civil Procedure Validity of Decrees and Orders Competency of Appeal Court Procedure Signing of Decrees

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Summary, issues, holding and outcome

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Parties

Rashid Abdulla Rashid El Sinani

Appellant

Oman International Club

Appellant

Mussa Haji Kombo

Respondent

Ali Mohamed Mussa

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal record contained valid decrees or orders as required by law
  2. 2 Whether decrees or orders signed by a judge other than the one who delivered the decision are valid
  3. 3 Whether the absence of a valid decree or order renders the appeal incompetent

Ratio Decidendi

The appeal is incompetent because the record does not contain valid decrees or orders signed by the judge who delivered the decisions, as required by law. The defect cannot be cured by filing a supplementary record after a preliminary objection has been raised.

Court Disposition

appeal struck out

Orders

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