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Tanzania Case Law

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Civil procedure 20170224 TZCA Dar es Salaam

20170224 TZCA Dar es Salaam

A decree that does not bear the date of the day on which judgment was pronounced is incurably defective and renders any appeal based on it incompetent; such a defect is not a mere irregularity but goes to the root of the appeal and cannot be cured by Rule 115 of the Rules.

  • Decree dating
  • Jurisdiction
  • Procedural defects
  • Appeal competence
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Civil procedure 2016048 TZCA Tabora

2016048 TZCA Tabora

The appeal is incompetent because the decree and judgment bear different dates, contravening Order XX Rule 7 of the Civil Procedure Code.

  • Decree dating
  • Appeal competency
  • Order xx rule 7 cpc
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Civil procedure 20101104 TZCA Dar es Salaam

20101104 TZCA Dar es Salaam

The appeal is incompetent because the order appealed from is improperly dated, failing to comply with Order XX Rule 7; the amendments by G.N. 223 of 2010 do not cure the defect in this case.

  • Decree dating
  • Retrospective application of procedural amendments
  • Appeal competency
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Civil procedure simon nchagwa vs majaliwa bande 2010 tzca 172 4 november 2010

simon nchagwa vs majaliwa bande 2010 tzca 172 4 november 2010

The appeal is incompetent because the order appealed from is improperly dated, failing to comply with Order XX Rule 7 of the Civil Procedure Code. The 2010 amendment does not cure the defect as it creates confusion and does not apply to the facts of this case, where the date of extraction is not indicated and the order predates the amendment.

  • Decree dating
  • Retrospective application of procedural amendments
  • Competency of appeal
  • Order xx rule 7 civil procedure code
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Civil procedure 20080327 TZHC Mwanza

20080327 TZHC Mwanza

The appeal is incompetent because the decree bears a different date from the judgment, contrary to Order 20 Rule 7 of the Civil Procedure Code, and must be struck out.

  • Malicious prosecution
  • Vicarious liability
  • Decree dating
  • Appeal competence
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Civil procedure 20070912 TZHC Dar es Salaam

20070912 TZHC Dar es Salaam

The appeal is incompetent because the decree annexed to the Memorandum of Appeal does not bear the date on which the ruling was pronounced, as required by Order XX Rule 7 of the Civil Procedure Code, 1966. The decree is therefore not proper and the appeal must be struck out.

  • Decree dating
  • Appeal competency
  • Order xx rule 7 cpc
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Civil procedure george bm wasira vs rachael g wasira 2007 tzhc 81 12 september 2007

george bm wasira vs rachael g wasira 2007 tzhc 81 12 september 2007

The appeal is incompetent as it is accompanied by a decree that does not bear the date on which the ruling was pronounced, in contravention of Order XX Rule 7 of the Civil Procedure Code, 1966, as interpreted by binding precedent.

  • Decree dating
  • Appeal competency
  • Order xx rule 7 cpc
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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.