19990311 TZCA Arusha

Absence of the correct decree in the record of appeal is fatal; statutory requirements must be strictly complied with and inadvertence is not an acceptable excuse.

Citation: 19990311 TZCA Arusha
Parties: Appellant: Zephia Llt. Shu; Respondent: Ducos P.
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 11 March 1999
Procedural Posture: Civil Appeal / Preliminary Objection
Outcome: appeal struck out with costs
Legal Topics: Appeals, Record of Appeal, Preliminary Objection
Source Language: English

Civil Procedure Appeals Record of Appeal Preliminary Objection

Case Brief

Summary, issues, holding and outcome

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Parties

Zephia Llt. Shu

Appellant

Ducos P.

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection

Legal Issues

1 Whether the record of appeal must contain the notice of appeal and the decree appealed against as mandated by rule 89(2) of the Court Rules
2 Whether inadvertence or carelessness in compiling the record excuses non-compliance

Ratio Decidendi

Absence of the correct decree in the record of appeal is fatal; statutory requirements must be strictly complied with and inadvertence is not an acceptable excuse.

Court Disposition

appeal struck out with costs

Orders

Appeal struck out
Costs awarded to respondent