IN
THE COURT OF APPEAL OF TANZANIA
AT
DAR ES SALAAM
CIVIL
APPEAL NO. 92 OF 2001
KOSE
PASCHAL KASENENE . . . . . . . . . . . . . . . . . APPELLANT
VERSUS
ZAINABU
KOSE KASENENE . . . . . . . . . . . . . . . RESPONDENT
(Appeal
from the judgment of the High court of Tanzania
at
Dar es Salaam)
(Bubeshi,
J.)
dated
the 24th
day of March, 2004
in
Civil
Appeal No. 89 of 1995
-----------
ORDER
OF THE COURT
MROSO,
J.A.:
The court noticed that
there is no clear indication from the record that the decree was
signed by Judge Bubeshi. Only a typed name of the Judge is reflected
in the copy of decree in the record. Mr. Kashumbugu, learned
advocate for the appellant, tells the court that he cannot now
remember if in fact he received a signed copy of the decree and would
need to check in the original court record and, consequently
adjournment of the hearing of this appeal.
Ms. Tenga has submitted
that the record appears to be lacking a proper decree. The appeal
therefore is incompetent and should be struck out with costs.
Unfortunately, the
original High Court record has not as yet been received in this Court
and we are unable to verify from it if there is a signed decree in
it. In the circumstances we give Mr. Kashumbugu the benefit of the
doubt and we adjourn the hearing of the appeal so that he can verify
from the original record whether or not there is a signed decree.
The respondent to get the costs of this adjournment.
DATED at DAR ES SALAAM
this 7th
day of December, 2005.
J.A.
MROSO
JUSTICE
OF APPEAL
H.R.
NSEKELA
JUSTICE
OF APPEAL
S.N.
KAJI
JUSTICE
OF APPEAL
I
certify that this is a true copy of the original.
S.A.N.
WAMBURA
SENIOR
DEPUTY REGISTRAR