20170223 TZCA Dar es Salaam
A defective decree, specifically one bearing a date different from the judgment, contravenes Order XX Rule 7 of the Civil Procedure Code and renders the appeal incompetent; the defect is not curable and the appeal must be struck out.
- Citation
- 20170223 TZCA Dar es Salaam
- Parties
- Appellant: Rose Mbwambo; Respondent: Tanzania Tourist Board
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 February 2017
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Decree Validity, Appeal Competency, Procedural Defects
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Rose Mbwambo
Appellant
Tanzania Tourist Board
Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether a variance in the date between the judgment and the decree renders the appeal incompetent
- 2 Whether the defect in the decree is curable or renders the appeal a nullity
Ratio Decidendi
A defective decree, specifically one bearing a date different from the judgment, contravenes Order XX Rule 7 of the Civil Procedure Code and renders the appeal incompetent; the defect is not curable and the appeal must be struck out.
Court Disposition
appeal struck out as incompetent
Orders
- The appeal is struck out with costs.
Full Case Text
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