shamte khatibu vs charles moses 2016 tzca 782 10 march 2016
The appeal is incompetent for lacking a complete record of appeal and a certificate on points of law from the High Court, both of which are mandatory requirements for a third appeal from the Primary Court.
- Citation
- shamte khatibu vs charles moses 2016 tzca 782 10 march 2016
- Parties
- Appellant: Shamte Khatib; Respondent: Charles Moses
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 10 March 2016
- Procedural Posture
- Civil Appeal / Third Appeal Before Court of Appeal
- Outcome
- appeal struck out with costs
- Legal Topics
- Appeal Competence, Record of Appeal, Certificate on Points of Law, Wrong Citation of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Shamte Khatib
Appellant
Charles Moses
Respondent
Procedural Posture
Civil Appeal / Third Appeal Before Court of Appeal
Legal Issues
- 1 Whether the appeal is competent in absence of complete record of appeal and certificate on points of law
Ratio Decidendi
The appeal is incompetent for lacking a complete record of appeal and a certificate on points of law from the High Court, both of which are mandatory requirements for a third appeal from the Primary Court.
Court Disposition
appeal struck out with costs
Orders
- The appeal is struck out for incompetence due to incomplete record and lack of certificate on points of law.
- Costs awarded to the respondent.
Full Case Text
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