20041216 TZCA Dar es Salaam

20041216 TZCA Dar es Salaam

The appeal record did not contain valid decrees/orders signed by the judge who delivered the decisions, as required by law. This defect rendered the appeal incompetent and incapable of being cured by a supplementary record after a preliminary objection was raised. The appeal must be struck out.

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, Requirements for Appeal Records, Preliminary Objections
Source Language
english
Civil Procedure Validity of Decrees and Orders Requirements for Appeal Records Preliminary Objections

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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/orders as required by law
  2. 2 Whether an appeal is incompetent if the decree/order is not signed by the judge who delivered the decision
  3. 3 Whether a supplementary record can cure the defect after a preliminary objection is raised

Ratio Decidendi

The appeal record did not contain valid decrees/orders signed by the judge who delivered the decisions, as required by law. This defect rendered the appeal incompetent and incapable of being cured by a supplementary record after a preliminary objection was raised. The appeal must be struck out.

Court Disposition

appeal struck out

Orders

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