20091203 TZCA Dar es Salaam

20091203 TZCA Dar es Salaam

The appeal was incompetent due to the decree bearing a different date from the judgment, rendering the decree defective. Delivery of judgment in chambers was not fatal in the absence of evidence that the public was denied access.

Citation
20091203 TZCA Dar es Salaam
Parties
Appellant: Robert Edward Hawkins; Appellant: Pricewater Coopers Consultants Ltd.; Respondent: Patrice P. Mwaigomole
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 December 2009
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Validity of Decree, Open Court Requirement, Pronouncement of Judgment, Preliminary Objection
Source Language
English
Civil Procedure Validity of Decree Open Court Requirement Pronouncement of Judgment Preliminary Objection

Case Brief

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Parties

Robert Edward Hawkins

Appellant

Pricewater Coopers Consultants Ltd.

Appellant

Patrice P. Mwaigomole

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether a decree bearing a date different from the judgment date renders the appeal incompetent
  2. 2 Whether delivery of judgment in chambers instead of open court invalidates the judgment

Ratio Decidendi

The appeal was incompetent due to the decree bearing a different date from the judgment, rendering the decree defective. Delivery of judgment in chambers was not fatal in the absence of evidence that the public was denied access.

Court Disposition

appeal struck out

Orders

  • Each party to bear its own costs