Tanzania Case Law

GETRUDA DAVID KELELA

Court

TANZLII

The appeal was struck out for being incompetent due to failure to attach a drawn order (decree) as required by Order XXXIX Rule 1 of the Civil Procedure Code. The objection regarding the title of the appeal was dismissed as the use of 'memorandum of appeal' instead of 'petition of appeal' does not render the appeal incompetent if no prejudice is occasioned.

Source excerpt

• Appeal procedure
• Preliminary objection
• Extension of time
• Drawn order requirement
• Titling of appeal documents

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ibrahim kigombe vs mary sange 2 others 2022 tzhc 14754 24 november 2022

Court

TZHC

The High Court struck out a civil appeal for incompetence because the appellant failed to attach the drawn order required by the Civil Procedure Code.

• Appeals
• Mandatory documents
• Drawn order requirement
• Civil-procedure
• Preliminary-objection
• Mandatory-procedural-requirements

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paul charles mhere vs felistos james mwingwa 2021 tzhc 3063 27 april 2021

Court

TZHC

The High Court struck out a probate appeal for failure to attach a drawn order to the memorandum of appeal, holding the defect was fatal and mandatory.

• Appeals
• Procedural requirements
• Letters of administration
• Drawn order requirement
• Civil-procedure
• Probate-and-administration

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mussa chande jape vs moza mohammed salim 2019 tzca 441 5 december 2019

Court

TZCA

The preliminary objection lacks merit because the exhibits are included in the record of appeal and the omission to endorse them does not render the appeal incompetent; the drawn order from the interlocutory ruling is not necessary as the appeal is not against that decision.

Source excerpt

• Record of appeal
• Inclusion of exhibits
• Drawn order requirement

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mussa chande jape vs moza mohamed salim 2019 tzca 664 5 december 2019

Court

TZCA

The preliminary objection fails because the exhibits were included in the record of appeal, albeit not marked, and the omission to endorse them does not render the appeal incompetent; the drawn order from an interlocutory ruling is not required as the appeal is not against that ruling.

Source excerpt

• Record of appeal
• Preliminary objection
• Inclusion of exhibits
• Drawn order requirement

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20130319 TZCA Mwanza

Court

TZCA

The Court of Appeal struck out this civil appeal as incompetent because it lacked a drawn order and a certificate of delay.

• Appeal competency
• Drawn order requirement
• Certificate of delay
• Civil-procedure
• Appeal-competency
• Drawn-order

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paulo luambano 14 others vs archidiocese of songea 2008 tzhc 41 18 march 2008

Court

TZHC

The absence of a drawn order is a mandatory defect rendering the appeal incompetent; the appeal is struck out with costs.

Source excerpt

• Appeals
• Drawn order requirement
• Labour disputes
• Costs

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jacob b chacha vs kwacha omolo 2006 tzhc 304 6 september 2006

Court

TZHC

Failure to annex the drawn order to the memorandum of appeal renders the appeal incompetent and unsustainable in law.

Source excerpt

• Appeal procedure
• Summary suit
• Injunctive relief
• Drawn order requirement

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20010103 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal struck out a Bill of Costs for lack of a Drawn Order and directed that costs for the High Court and Court of Appeal be split into separate bills.

• Taxation of costs
• Preliminary objection
• Drawn order requirement
• Taxation-of-costs
• Drawn-order
• Preliminary-objection

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