20150831 TZHC Dodoma
The appeal was struck out as incompetent because the extracted decree was defective, being wrongly dated and not corresponding to the date of judgment.
Source-derived case information.
- Citation
- 20150831 TZHC Dodoma
- Parties
- Appellant: Swalehe Mohamed; Respondent: Tatu Yusuph
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 31 August 2015
- Procedural Posture
- Civil Appeal / Second Appeal, Ruling on Competence
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Divorce, Matrimonial Property Division, Maintenance, Custody of Children, Procedural Defects
- Source Language
- english
Family Law Civil Procedure Divorce Matrimonial Property Division Maintenance Custody of Children Procedural Defects
Source-derived case record
Summary, issues, holding and outcome
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Parties
Swalehe Mohamed
Appellant
Tatu Yusuph
Respondent
Procedural Posture
Civil Appeal / Second Appeal, Ruling on Competence
Legal Issues
- 1 Whether the appeal is competent in light of a defective decree
Ratio Decidendi
The appeal was struck out as incompetent because the extracted decree was defective, being wrongly dated and not corresponding to the date of judgment.
Court Disposition
appeal struck out as incompetent
Orders
- Appeal struck out with right to refile if appellant wishes.
- No order as to costs.
Full Case Text
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