theobard p michael vs project manager chico 2018 tzca 592 6 september 2018

theobard p michael vs project manager chico 2018 tzca 592 6 september 2018

The defects in the certificate of delay, specifically the misdescription and exchange of the parties' positions from those in the High Court, go to the root of the appeal and render it incompetent. The absence of a prescribed format does not excuse the error, and the appellant should have sought rectification before lodging the appeal.

Citation
theobard p michael vs project manager chico 2018 tzca 592 6 september 2018
Parties
Appellant: Theobard P. Michael; Respondent: Project Manager CHICO
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 September 2018
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Certificate of Delay, Appeal Competence, Designation of Parties, Court of Appeal Rules
Source Language
English
Civil Procedure Certificate of Delay Appeal Competence Designation of Parties Court of Appeal Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Theobard P. Michael

Appellant

Project Manager CHICO

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether a defective certificate of delay renders the appeal incompetent
  2. 2 Whether misdescription of parties in the certificate of delay is a curable defect

Ratio Decidendi

The defects in the certificate of delay, specifically the misdescription and exchange of the parties' positions from those in the High Court, go to the root of the appeal and render it incompetent. The absence of a prescribed format does not excuse the error, and the appellant should have sought rectification before lodging the appeal.

Court Disposition

appeal struck out as incompetent

Orders

  • The appeal is struck out with costs.