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Labour law CIVIL APPEAL NO 417 OF 2023 CRDB BANK PLC VS PETRO ANDREA CHILATO

CIVIL APPEAL NO 417 OF 2023 CRDB BANK PLC VS PETRO ANDREA CHILATO

Court
TANZLII

The appeal is incompetent due to the existence of two decrees extracted from the same judgment, creating uncertainty as to which decree is being appealed against. However, in the interests of substantive justice and to avoid undue technicality, the appellant is permitted to obtain a valid decree from the High Court and file a supplementary record of appeal within sixty days.

Source excerpt

  • Unfair termination
  • Decree validity
  • Appellate procedure
  • Compensation for unfair dismissal
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Civil procedure prosper paulo massawe others vs access bank tanzania ltd 2021 tzca 321 22 july 2021

prosper paulo massawe others vs access bank tanzania ltd 2021 tzca 321 22 july 2021

Court
TZCA

The trial court erred by entering judgment in the Miscellaneous Application instead of the main suit, failing to recognize triable issues regarding the proceeds from sale of mortgaged goods, and improperly impleading persons not party to the mortgage deed in a summary suit.

Source excerpt

  • Summary suits
  • Mortgage enforcement
  • Joinder of parties
  • Triable issues
  • Decree validity
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Civil procedure felician muhandiki vs managing director barclays bank tanzania ltd 2019 tzca 333 20 september 2019

felician muhandiki vs managing director barclays bank tanzania ltd 2019 tzca 333 20 september 2019

Court
TZCA

The trial court's judgment and decree complied with the requirements of the Civil Procedure Code, including decisions on all framed issues and reliefs. The alleged irregularities were unfounded, and the appeal is properly before the Court.

Source excerpt

  • Judgment validity
  • Decree validity
  • Compliance with civil procedure code
  • Appellate jurisdiction
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Civil procedure runyway t ltd vs wia coltd another 2019 tzca 13 30 january 2019

runyway t ltd vs wia coltd another 2019 tzca 13 30 january 2019

Court
TZCA

The trial court failed to make a finding or determination on the counter claim raised by the respondents, and the extracted decree did not reflect the reliefs sought or their outcome. This contravened Order XX Rule 6(1) of the Civil Procedure Code and rendered the decree invalid. The proceedings, judgment, and order of the High Court were nullified, and the matter was remitted for rehearing.

Source excerpt

  • Counter claim
  • Decree validity
  • Breach of contract
  • Commercial litigation
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Civil procedure 20170224 TZCA Dar es Salaam

20170224 TZCA Dar es Salaam

Court
TZCA

The Court of Appeal struck out the appeal after finding the High Court appeal had been incompetent because the lower court decree was unsigned and undated.

  • Appeals
  • Decree validity
  • Procedural defects
  • Civil-procedure
  • Decree-validity
  • Procedural-defects
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Civil procedure 20170224 TZCA Dar es Salaam

20170224 TZCA Dar es Salaam

Court
TZCA

The Court of Appeal struck out a civil appeal after finding the High Court appeal incompetent because the lower-court decree was unsigned and undated.

  • Appeal competence
  • Decree validity
  • Revision powers
  • Civil-procedure
  • Appeal-competence
  • Decree-validity
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Civil procedure 20170223 TZCA Dar es Salaam

20170223 TZCA Dar es Salaam

Court
TZCA

The Court of Appeal struck out the appeal after finding the decree was wrongly dated, making the record defective and the appeal incompetent.

  • Decree validity
  • Appeal competency
  • Procedural defects
  • Appeal-competency
  • Decree-validity
  • Civil-procedure
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Civil procedure richard emillian njovu ta another vs benedictine fathers ndanda abbey 2016 tzca 709 4 august 2016

richard emillian njovu ta another vs benedictine fathers ndanda abbey 2016 tzca 709 4 august 2016

Court
TZCA

The Court of Appeal struck out a civil appeal after finding the record defective because the decree date differed from the judgment date.

  • Appeal competence
  • Decree validity
  • Record of appeal requirements
  • Civil-procedure
  • Appeal-competence
  • Record-of-appeal
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Civil procedure universal electronics hardware limited others vs national bank of commerce 2016 tzca 835 22 july 2016

universal electronics hardware limited others vs national bank of commerce 2016 tzca 835 22 july 2016

Court
TZCA

The appeal is incompetent because the decree in the record of appeal bears a different date from the judgment, rendering the decree invalid and non-compliant with mandatory procedural requirements.

Source excerpt

  • Decree validity
  • Appeal procedure
  • Record of appeal requirements
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.