19881223 TZHC Dar es Salaam

19881223 TZHC Dar es Salaam

The appeal is dismissed as it was not accompanied by a certified copy of the order appealed against, in violation of Order 39 Rule 1 of the Civil Procedure Code.

Citation
19881223 TZHC Dar es Salaam
Parties
Appellant: V. Sindimto; Respondent: Arthur Bindriavarison
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 December 1988
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
Appeal dismissed with costs
Legal Topics
Appeal Procedure, Requirement of Certified Copy of Order, Jurisdiction of Courts
Source Language
English
Civil Procedure Appeal Procedure Requirement of Certified Copy of Order Jurisdiction of Courts

Case Brief

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Parties

V. Sindimto

Appellant

Arthur Bindriavarison

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal is incompetent for lack of a certified copy of the order appealed against
  2. 2 Whether the appeal is misconceived as it arises from an application that should have been before the Housing Tribunal

Ratio Decidendi

The appeal is dismissed as it was not accompanied by a certified copy of the order appealed against, in violation of Order 39 Rule 1 of the Civil Procedure Code.

Court Disposition

Appeal dismissed with costs

Orders

  • Objection sustained
  • Appeal dismissed with costs