Court name
Court of Appeal of Tanzania
Case number
Civil Appeal 92 of 2001

Kasenene vs Kasenene (Civil Appeal 92 of 2001) [2005] TZCA 92 (07 December 2005);

Media neutral citation
[2005] TZCA 92


IN THE COURT OF APPEAL OF TANZANIA



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 24
th
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 7
th
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