20151028 TZHC Dar es Salaam
A memorandum of appeal accompanied by an uncertified copy of a decree is incompetent and improperly before the court because certification of public documents is a legal requirement under Section 85(1) of the Evidence Act.
- Citation
- 20151028 TZHC Dar es Salaam
- Parties
- Appellant: Real Insurance Ltd; Respondent: Joseph Mwita Chogo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 October 2015
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out
- Legal Topics
- Certification of Decrees, Public Documents, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Real Insurance Ltd
Appellant
Joseph Mwita Chogo
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether an uncertified copy of a decree accompanying a memorandum of appeal renders the appeal incompetent
Ratio Decidendi
A memorandum of appeal accompanied by an uncertified copy of a decree is incompetent and improperly before the court because certification of public documents is a legal requirement under Section 85(1) of the Evidence Act.
Court Disposition
appeal struck out
Orders
- Appeal struck out with costs.
- Appellant may file a fresh appeal if desired.
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