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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 appeal was filed out of time and no application for extension of time was made; therefore, the appeal is incompetent and must be struck out.
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The appeal was incompetent because the notice of appeal contained party names that did not tally with the judgment and decree sought to be challenged, rendering the notice invalid and the appeal fatally defective. The overriding objective principle and Rule 96(7) could not cure this foundational procedural defect.
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The Court of Appeal struck out an incomplete and improperly arranged record of appeal, holding that Rule 2 and Article 107A could not cure fundamental defects.
The Court of Appeal heard the application ex parte and struck out Civil Appeal No. 34 of 2013 for incompetence because no leave had been obtained where leave was required.
The Court of Appeal struck out the criminal appeal as incompetent because the notice of appeal was defective and not a valid notice under Rule 68.
The Court of Appeal struck out a criminal appeal because the notice of appeal failed to state the conviction, sentence, finding, or order challenged.
The Court of Appeal struck out a criminal appeal as incompetent because the notice of appeal omitted the nature of the offence and cited the wrong law.
The appeal was filed out of time as the judgment and decree were ready for collection by 1st July 2010, and the appellant failed to demonstrate diligence in collecting them. The proper remedy for an incompetent appeal not heard on merit is to strike it out, not dismiss it.
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Failure to serve the notice of appeal within the prescribed seven days is a breach of a mandatory procedural requirement, rendering the notice incompetent and liable to be struck out under Rule 82. The court declined to invoke constitutional or general justice provisions where the rules provide a specific remedy.
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