20080430 TZCA Dar es Salaam
The memorandum of appeal referred to a non-existent ruling and order dated 10th August 2007, resulting in substantial non-compliance with procedural rules and rendering the appeal fatally defective.
- Citation
- 20080430 TZCA Dar es Salaam
- Parties
- Appellant: Scania Tanzania Ltd; Respondent: Evaristo Kinyunyu
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 30 April 2008
- Procedural Posture
- Civil Appeal / Appeal From High Court Ruling
- Outcome
- appeal struck out with costs
- Legal Topics
- Preliminary Objection, Decree Definition, Memorandum of Appeal Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Scania Tanzania Ltd
Appellant
Evaristo Kinyunyu
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Ruling
Legal Issues
- 1 Validity of preliminary decree titled 'Drawn Order'
- 2 Existence and dating of ruling and order appealed against
- 3 Compliance with procedural rules for appeal
Ratio Decidendi
The memorandum of appeal referred to a non-existent ruling and order dated 10th August 2007, resulting in substantial non-compliance with procedural rules and rendering the appeal fatally defective.
Court Disposition
appeal struck out with costs
Orders
- Appeal struck out
- Appellant to pay costs
Full Case Text
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