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Tanzania decisions
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The appeal is incompetent because the appellant failed to attach the drawn order/decree sought to be appealed against, depriving the court of jurisdiction to entertain the appeal.
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The appeal was incompetent for lack of the drawn order (decree) as required by law; the proper remedy is to strike out the appeal, not dismiss it, and no order as to costs is made since the issue was raised by the court suo motu.
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Failure to attach a decree to the memorandum of appeal offends Order XXXIX, rule 1 of the Civil Procedure Code and renders the appeal incompetent.
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The Civil Procedure Code does not apply to appeals originating from matrimonial proceedings except where the Law of Marriage Act or its rules are silent. The Law of Marriage Act and Rule 37 of the Matrimonial Proceedings Rules do not require the appellant to attach a copy of the decree to the memorandum of appeal; instead, the subordinate court must transmit the complete record. Therefore, the preliminary objection lacks merit.
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Failure to attach a copy of the decree renders the appeal legally incompetent and subject to being struck out, not dismissed.
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Failure to attach a copy of the decree to the appeal is a grave violation of a mandatory procedural rule under Order XXXIX Rule 1 of the CPC, rendering the appeal incompetent and incapable of being cured by overriding objective or other provisions.
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Attaching a copy of decree to the application for review is not a legal requirement according to binding precedent from the Court of Appeal.
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The High Court at Kigoma dismissed a preliminary objection, holding the appeal’s grounds arose from issues decided below and that the decree was in fact attached.
The High Court dismissed a preliminary objection in a land appeal, holding the appeal grounds arose from issues decided below and the decree had been attached.
The High Court struck out a civil appeal as incompetent because the memorandum of appeal was filed without the decree required by the Civil Procedure Code.
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