20110221 TZHC Dar es Salaam

20110221 TZHC Dar es Salaam

The appeal is incompetent because the decree attached to the memorandum of appeal bears a date different from the judgment, violating O.XX r.7 of the Civil Procedure Code.

Citation
20110221 TZHC Dar es Salaam
Parties
Appellant: rHOlVIS; Respondent: Stephen John; Respondent: Another
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 February 2011
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
appeal struck out
Legal Topics
Defective Decree, Appeal Incompetence, Compliance With Civil Procedure Code
Source Language
English
Civil Procedure Defective Decree Appeal Incompetence Compliance With Civil Procedure Code

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

rHOlVIS

Appellant

Stephen John

Respondent

Another

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal is incompetent due to a defective decree not complying with O.XX r.7 of the Civil Procedure Code

Ratio Decidendi

The appeal is incompetent because the decree attached to the memorandum of appeal bears a date different from the judgment, violating O.XX r.7 of the Civil Procedure Code.

Court Disposition

appeal struck out

Orders

  • Appeal struck out for incompetence due to defective decree.
  • No order as to costs.