EXD. 7428 Katondo vd Regional Police Commander for Kigoma and Others (Civil Appeal No. 9 of 2014) [2014] TZCA 2323 (18 March 2014)

IN THE COURT OF APPEAL OF TANZANIA AT TABORA (CORAM: MSOFFE,J.A., KIMARO,J.A., And MJASIRI,J.A.) CIVIL APPEAL NO. 9 OF 2014 EXD. 7428 KA TONDO ................................................................. APPELLANT VERSUS

1. REGIONAL POLICE COMMANDER FOR KIGOMA}
2. THE INSPECTOR GENERAL OF POLICE ............ RESPONDENTS
3. THE PERMANENT SECRETARY
4. THE ATTORNEY GENERAL (Appeal from the judgment and decree of the High Court of Tanzania at Tabora) 18 th March 2014 MSOFFE, J.A. (Mujulizi, J.) dated the 4 th day of October, 2010 in Civil Case No. 2 of 2007 RULING OF THE COURT At today's date of hearing the Court had to deal with a preliminary objection notice of which was given earlier under Rule 107 of the Tanzania court of Appeal Rules, 2009 by Mr. Ponziano Lukosi, learned Principal State Attorney, representing the respondents. We did this , in line with this 1

· court's decision in Bank of Tanzania v. Devran P. Valambhia, Civil u, Application No. 15 of 2002(unreported)where we observed:- The aim of a preliminary objection is to save the time of the court and of the parties by not going into the merits of the application because there is a point of law that will dispose of the matter summarily. Also see Thabit Ramadhani Maziku and Another v. Amina Khamis Tyela and Another, Civil Appeal No. 98 of 2011 and Shahida Abdul Hssanali v. Mahed Mohamed Gulamali Kanji, Civil Application No. 42 of 1999 (both unreported) and China Henan International Co- operation Co. Ltd v. Rwegasira (2008) E.A. 66. In the matter before us the preliminary objection is predicated upon the fact that the date of decree does not agree with the date of judgment. It is on record that the High Court judgment (Mujulizi, J.) was handed down on 5/10/2010. Yet, the decree is dated 4/10/2010. This offends the . mandatory provisions of Order xx Rule 7 of the Civil Procedure Code (CAP 33 R.E. 2002). In effect, this also means that Rule 96 (l)(h) of the Rules has not been complied with for want of a copy of a valid decree. 2

The appellant EXD. 7228, Dani Katondo, has readily conceded to the above defect in this purported appeal. In the absence of a valid decree this appeal is incompetent. We hereby strike it out with no order as to costs. DATED at TABORA this 18 th day of March, 2014. J.H. MSOFFE JUSTICE OF APPEAL N.P. KIMARO JUSTICE OF APPEAL S. MJASIRI JUSTICE OF APPEAL I certify that this is a true copy of the original. p~~ SENIOR DEPUTY REGISTRAR COURT OF APPEAL 3 ir