20080509 TZCA Dar es Salaam
The appeal was struck out because the decree appealed from was incurably defective, lacking the mandatory date of judgment, thus rendering the appeal incompetent under the Civil Procedure Code and Court Rules.
- Citation
- 20080509 TZCA Dar es Salaam
- Parties
- Appellant: The Honourable Attorney General; Respondent: Reverend Christopher Mtikila
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 9 May 2008
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- appeal struck out
- Legal Topics
- Basic Rights Enforcement, Procedural Defects, Appeals, Decree Validity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Honourable Attorney General
Appellant
Reverend Christopher Mtikila
Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether proceedings under the Basic Rights and Duties Enforcement Act are suits
- 2 Whether the Civil Procedure Code applies to such proceedings
- 3 Whether the impugned drawn order is a decree and if so, whether it is valid
Ratio Decidendi
The appeal was struck out because the decree appealed from was incurably defective, lacking the mandatory date of judgment, thus rendering the appeal incompetent under the Civil Procedure Code and Court Rules.
Court Disposition
appeal struck out
Orders
- Appeal struck out with costs
Full Case Text
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