reliance insurance co t ltd another vs omari kituri 2009 tzhc 46 22 september 2009

The appeal is incompetent due to a defective and invalid decree, which is a fundamental error that cannot be cured and renders the appeal liable to be struck out.

Source-derived case information.

Citation: reliance insurance co t ltd another vs omari kituri 2009 tzhc 46 22 september 2009
Parties: Appellant: Reliance Insurance Co (T) Ltd; Appellant: Suleiman Salum; Respondent: Omari Kituri
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 September 2009
Procedural Posture: Civil Appeal / Judgment on Preliminary Objection
Outcome: appeal struck out as incompetent with costs
Legal Topics: Defective Decree, Preliminary Objection, Appeal Competence
Source Language: english

Civil Procedure Defective Decree Preliminary Objection Appeal Competence

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Reliance Insurance Co (T) Ltd

Appellant

Suleiman Salum

Appellant

Omari Kituri

Respondent

Procedural Posture

Civil Appeal / Judgment on Preliminary Objection

Legal Issues

1 Whether the appeal is incompetent due to a defective decree bearing a date different from the judgment date

Ratio Decidendi

The appeal is incompetent due to a defective and invalid decree, which is a fundamental error that cannot be cured and renders the appeal liable to be struck out.

Court Disposition

appeal struck out as incompetent with costs

Orders

Appeal struck out with costs

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