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Tanzania decisions
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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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The District Land and Housing Tribunal exercised its discretion judiciously, reasonably, and on sound legal principles in granting the extension of time to the respondent, based on credible reasons including delayed supply of judgment copy and allegations of procedural irregularity.
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The appeal is incompetent due to the defective decree and being filed beyond the statutory time limit; failure to attach a valid decree renders the appeal fatally defective.
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The appeal is incompetent because the decree accompanying the memorandum of appeal is defective and inconsistent with the judgment, rendering the appeal not properly before the court.
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The High Court struck out a land appeal as incompetent because the appellant’s filings confused multiple case numbers and did not clearly identify the ruling challenged.
The High Court held that an unsigned trial judgment was invalid, rendering the appeal incompetent. It quashed the purported judgment and remitted the case.
Failure to attach a copy of the decree appealed from to the memorandum of appeal is a fatal procedural defect under Order XXXIX Rule 1(1) CPC, rendering the appeal incompetent and liable to be struck out.
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Failure to state the nature of the finding in the notice of appeal is a mandatory defect under Rule 68(2) of the Tanzania Court of Appeal Rules, 2009, rendering the appeal incompetent and subject to being struck out.
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The Court of Appeal struck out a criminal appeal after finding the notice of appeal defective for misstating the sentence, rendering the appeal incompetent.
The appeal was incompetent due to a fundamentally defective Notice of Appeal and lack of jurisdiction by the Resident Magistrate with Extended Jurisdiction who improperly sat in the High Court.
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