20061004 TZCA Arusha

A decree signed by the Registrar is invalid under Order XX rule 7; since the record of appeal contained an invalid decree, the appeal is incompetent and must be struck out.

Citation: 20061004 TZCA Arusha
Parties: Appellant: Richard Temba alias Gerald Mchomba; Respondent: Oscar T. Temba
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 4 October 2006
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: appeal struck out as incompetent
Legal Topics: Decree Validity, Appeal Procedure, Powers of Registrar, Mandatory Documents in Appeal
Source Language: English

Civil Procedure Decree Validity Appeal Procedure Powers of Registrar Mandatory Documents in Appeal

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Parties

Richard Temba alias Gerald Mchomba

Appellant

Oscar T. Temba

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether a decree signed by the Registrar instead of the trial judge or successor is valid for purposes of appeal
2 Whether the appeal is competent in the absence of a valid decree

Ratio Decidendi

A decree signed by the Registrar is invalid under Order XX rule 7; since the record of appeal contained an invalid decree, the appeal is incompetent and must be struck out.

Court Disposition

appeal struck out as incompetent

Orders

Appeal struck out with costs.
Appellant granted fifteen days from obtaining a valid decree to re-institute the appeal.