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Tanzania decisions
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The memorandum of appeal was defective for containing objections to proceedings and being argumentative and narrative, contrary to mandatory procedural requirements; thus, the appeal was incompetent and struck out.
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Failure to attach a copy of the decree to the appeal is a fatal defect that renders the appeal incompetent and cannot be cured by amendment; the use of 'petition of appeal' instead of 'memorandum of appeal' is not fatal.
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Omission to cite all parties from the lower court record in the memorandum of appeal is a fatal defect rendering the appeal incompetent, as all parties must be cited for consistency and to avoid alteration of court records unless a court order provides otherwise.
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The appeal was filed within the timeline as the appellant was supplied with the necessary documents late; omission of date in the memorandum does not render the appeal incompetent as it was filed and signed within the timeline.
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The absence of a valid memorandum of appeal in the record renders the appeal incompetent and incapable of amendment under Rule 111 of the Court of Appeal Rules.
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The appeal was incompetent due to the absence of a certificate on points of law from the High Court and a memorandum of appeal, both of which are mandatory legal requirements for appeals from primary court decisions. An incompetent appeal cannot be withdrawn or adjourned and must be struck out.
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The High Court struck out a civil appeal after upholding preliminary objections that the memorandum contained argumentative grounds and misnamed the respondent.
The Court of Appeal allowed the appellant 21 days to file a memorandum of appeal out of time and adjourned the hearing, relying on Rule 72(5).
The Court held that although the notice of appeal did not comply with Form B/1 as required for appellants in prison, it substantially complied with Rule 68 and Form B, was lodged in time, and the omission was due to the officer-in-charge's failure, not the appellant's. In the interest of substantial justice and given the case's long history, the Court exercised its discretion to disregard the defect. The substituted memorandum of appeal was also found proper under Rule 73(2), and the preliminary objections were overruled.
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The omission of prayers in the memorandum of appeal, though not expressly required by law, is contrary to established practice and justifies rejection of the memorandum; the proper remedy is to reject or return the memorandum for amendment, not to dismiss the appeal.
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