vicent kayegele vs godfrey mogusu others 2017 tzhc 2147 24 april 2017
Failure to indicate the name of the drawer on the memorandum of appeal and failure to attach a copy of the decree appealed from renders the appeal incompetent.
- Citation
- vicent kayegele vs godfrey mogusu others 2017 tzhc 2147 24 april 2017
- Parties
- Appellant: Vicent Kayegele; Respondent: Godfrey Mogusu; Respondent: Emmanuel Mlule; Respondent: The Registered Trustees of the World Vision International
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 April 2017
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- appeal struck out
- Legal Topics
- Defective Pleadings, Preliminary Objection, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Vicent Kayegele
Appellant
Godfrey Mogusu
Respondent
Emmanuel Mlule
Respondent
The Registered Trustees of the World Vision International
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the memorandum of appeal is defective for being drawn and filed by an incompetent person
- 2 Whether the appeal is incompetent for lack of an accompanying copy of the decree appealed from
Ratio Decidendi
Failure to indicate the name of the drawer on the memorandum of appeal and failure to attach a copy of the decree appealed from renders the appeal incompetent.
Court Disposition
appeal struck out
Orders
- The appeal is struck out as incompetent.
- Each party to bear their own costs.
Full Case Text
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