kimara cooperative society ltd vs the national bank of commerce lumumba street branch and another 1996 tzca 10 25 february 1996
By consent of the parties, the appeal is allowed, the case is remitted to the High Court for hearing, and no order is made as to costs. Security for appeal costs to be refunded to the appellant.
Source-derived case information.
- Citation
- kimara cooperative society ltd vs the national bank of commerce lumumba street branch and another 1996 tzca 10 25 february 1996
- Parties
- Appellant: The Kimara Co-operative Society Ltd; Respondent: The National Bank of Commerce, Lumumba Street Branch; Respondent: A.T. Mwaseba
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 February 1996
- Procedural Posture
- Civil Appeal / Appeal Judgment
- Outcome
- Appeal allowed by consent; case remitted to High Court; no order as to costs; security for appeal costs to be refunded to appellant.
- Legal Topics
- Remittal to High Court, Appeal Allowed, Costs Order
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Kimara Co-operative Society Ltd
Appellant
The National Bank of Commerce, Lumumba Street Branch
Respondent
A.T. Mwaseba
Respondent
Procedural Posture
Civil Appeal / Appeal Judgment
Legal Issues
- 1 Whether the appeal should be allowed and the case remitted to the High Court for hearing
- 2 Whether costs should be awarded for this appeal
Ratio Decidendi
By consent of the parties, the appeal is allowed, the case is remitted to the High Court for hearing, and no order is made as to costs. Security for appeal costs to be refunded to the appellant.
Court Disposition
Appeal allowed by consent; case remitted to High Court; no order as to costs; security for appeal costs to be refunded to appellant.
Orders
- Appeal allowed by consent
- Case remitted to High Court for hearing
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM COHAH? M U S T A P A . J.A* CIVIL APPEAL NO. 29 OF 19S4 THE KIMARA CO-OPERATIVE SOCIETY L T D ........... APPELLANT VERSUS 1, ZZ THE NATIONAL B a NK OF COMMERCE LUMUMBA STREET BRANCH . . . . . RESPONDENTS 2m Ai T. MWASEBA {Appeal from the Judgment and Decide of the H i g h Court o f Tanzania at Dar es Salaam) (MapiganQ, J . ) dated the 2lst day of Jurw, 1984 in Civil Case No. 194/83 KE SARIA t - By consent order that appeal be pllowd -And casa remitted to High Court for hearing. No .ord«r as to costs of this appeal. lhe sum of money deposited in Court of Appeal as security for appeal costs be refundedk^o'appellan't. RAITHATHA; - I sagree. ^ \ \ / *'■> „•«- • .1 f t~ ./.i'.t. ‘ *' ; c. : v COURT: — Order, gccordingiy* I \ *1 ' \ ■■ - ’- i . DATES) at DAR ES y§J!yiitAAM this 25th, day of February, 198$. A. MUSTAFA JUSTICE OF APPEAL n ■ i. I -certify that this is a true copy of the original. COURT OF APPEAL OF TANZANIA