shaban fundi vs leonard clement 2017 tzca 243 29 august 2017

shaban fundi vs leonard clement 2017 tzca 243 29 august 2017

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 over a struck out appeal.

Citation
shaban fundi vs leonard clement 2017 tzca 243 29 august 2017
Parties
Appellant: Shaban Fundi; Respondent: Leonard Clement
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 August 2017
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent with costs to the respondent
Legal Topics
Preliminary Objection, Record of Appeal, Costs, Revisional Jurisdiction
Source Language
English
Civil Procedure Preliminary Objection Record of Appeal Costs Revisional Jurisdiction

Case Brief

Summary, issues, holding and outcome

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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 relevant 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 jurisdiction 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 over a struck out appeal.

Court Disposition

appeal struck out as incompetent with costs to the respondent

Orders

  • appeal struck out
  • costs awarded to the respondent