20150319 TZCA Mwanza

The omission of the proceedings for the application for leave to appeal rendered the record incomplete and the appeal incompetent under Rule 96(2)(c) of the Tanzania Court of Appeal Rules, 2009.

Citation: 20150319 TZCA Mwanza
Parties: Appellant: Sylvia Albert; Respondent: Adam Mioshi
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 19 March 2015
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: appeal struck out
Legal Topics: Appeals, Record of Appeal, Matrimonial Matters, Procedural Compliance
Source Language: English

Family Law Civil Procedure Appeals Record of Appeal Matrimonial Matters Procedural Compliance

Case Brief

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Parties

Sylvia Albert

Appellant

Adam Mioshi

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether omission of proceedings for application for leave renders the appeal incompetent under Rule 96(2)(c) of the Tanzania Court of Appeal Rules, 2009
2 Whether primary court proceedings were required in the record of appeal

Ratio Decidendi

The omission of the proceedings for the application for leave to appeal rendered the record incomplete and the appeal incompetent under Rule 96(2)(c) of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

appeal struck out

Orders

Appeal struck out for incompetence due to incomplete record of appeal.
No order as to costs.