20101104 TZCA Dar es Salaam

20101104 TZCA Dar es Salaam

The appeal is incompetent because the order appealed from is improperly dated, failing to comply with Order XX Rule 7; the amendments by G.N. 223 of 2010 do not cure the defect in this case.

Source-derived case information.

Citation
20101104 TZCA Dar es Salaam
Parties
Appellant: Simon Nchagwa; Respondent: Majaliwa Bande
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 November 2010
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Decree Dating, Retrospective Application of Procedural Amendments, Appeal Competency
Source Language
english
Civil Procedure Land Law Decree Dating Retrospective Application of Procedural Amendments Appeal Competency

Source-derived case record

Summary, issues, holding and outcome

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Parties

Simon Nchagwa

Appellant

Majaliwa Bande

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is competent due to improper dating of the decree/order appealed from
  2. 2 Whether amendments to Order XX Rule 7 of the Civil Procedure Code apply retrospectively

Ratio Decidendi

The appeal is incompetent because the order appealed from is improperly dated, failing to comply with Order XX Rule 7; the amendments by G.N. 223 of 2010 do not cure the defect in this case.

Court Disposition

appeal struck out with costs

Orders

  • preliminary objection upheld
  • appeal struck out with costs