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Tanzania Case Law

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Civil procedure CIVIL APPEAL NO

CIVIL APPEAL NO

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.

  • Appeals
  • Preliminary objection
  • Memorandum of appeal
  • Decree attachment
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Civil procedure pili ami vs moses gidion makala others 2013 tzhc 2219 12 april 2013

pili ami vs moses gidion makala others 2013 tzhc 2219 12 april 2013

The appeal was dismissed because the appellant failed to attach a copy of the decree appealed against, which is a mandatory requirement under Order XXXIX rule 1 of the Civil Procedure Code, as affirmed by binding precedent.

  • Appeal procedure
  • Decree attachment
  • Dismissal for procedural defect
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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.