honourable attorney general vs reverend christopher mtikila 2008 tzca 57 15 may 2008

honourable attorney general vs reverend christopher mtikila 2008 tzca 57 15 may 2008

Proceedings under the Basic Rights and Duties Enforcement Act are suits, and in the absence of specific rules, the Civil Procedure Code applies. The impugned drawn order is a decree, but it is incurably defective for not bearing the date of the judgment as required by Order XX, rule 7 of the Civil Procedure Code. This defect is fundamental and renders the appeal incompetent.

Citation
honourable attorney general vs reverend christopher mtikila 2008 tzca 57 15 may 2008
Parties
Appellant: The Honourable Attorney General; Respondent: Reverend Christopher Mtikila
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 May 2008
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Basic Rights Enforcement, Decree Validity, Appeal Competence, Procedural Law
Source Language
English
Constitutional Law Civil Procedure Basic Rights Enforcement Decree Validity Appeal Competence Procedural Law

Case Brief

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Parties

The Honourable Attorney General

Appellant

Reverend Christopher Mtikila

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether proceedings under the Basic Rights and Duties Enforcement Act are suits
  2. 2 Whether the Civil Procedure Code applies to such proceedings
  3. 3 Whether the impugned drawn order is a decree and if so, whether it is valid

Ratio Decidendi

Proceedings under the Basic Rights and Duties Enforcement Act are suits, and in the absence of specific rules, the Civil Procedure Code applies. The impugned drawn order is a decree, but it is incurably defective for not bearing the date of the judgment as required by Order XX, rule 7 of the Civil Procedure Code. This defect is fundamental and renders the appeal incompetent.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out with costs.