20170824 TZCA Dar es Salaam

20170824 TZCA Dar es Salaam

The appeal is incompetent due to failure to include necessary documents in the record of appeal, and must be struck out; costs follow the event and are awarded to the respondent; the Court cannot exercise revisional jurisdiction after striking out the appeal as there is nothing left to revise.

Citation
20170824 TZCA Dar es Salaam
Parties
Appellant: Shaban Fundi; Respondent: Leonard Clement
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 August 2017
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Incompetent Appeal, Record of Appeal, Costs, Revisional Jurisdiction, Preliminary Objection
Source Language
English
Civil Procedure Incompetent Appeal Record of Appeal Costs Revisional Jurisdiction Preliminary Objection

Case Brief

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Parties

Shaban Fundi

Appellant

Leonard Clement

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is incompetent for failure to include necessary documents in the record of appeal
  2. 2 Whether costs should follow the event despite concession to the preliminary objection
  3. 3 Whether the Court should exercise revisional powers after striking out the appeal

Ratio Decidendi

The appeal is incompetent due to failure to include necessary documents in the record of appeal, and must be struck out; costs follow the event and are awarded to the respondent; the Court cannot exercise revisional jurisdiction after striking out the appeal as there is nothing left to revise.

Court Disposition

appeal struck out as incompetent

Orders

  • Appeal struck out with costs to the respondent.