Memorandum of appeal in Tanzania (guide, sample & pdf)

Here I will share everything you need to know about the Memorandum of Appeal in Tanzania.

I will cover;

• meaning of memorandum of appeal
• form and content of memorandum of appeal
• sample of memorandum of appeal in Tanzania
• memorandum of appeal in Tanzania pdf
• etc.

Let’s get started

Meaning of memorandum of appeal

A Memorandum of Appeal is a document that outlines the grounds on which an appeal is being made.

It is typically submitted to a higher court or authority when someone disagrees with a decision made by a lower court, tribunal, or administrative body.

The memorandum of appeal serves as a formal written request for a review of the original decision, presenting legal arguments and points of contention.

Form and content of memorandum of appeal

The following is a form and content of memorandum of appeal in Tanzania.

1. Court Details: Include the name of the court where the appeal is being filed (e.g., High Court of Tanzania at Tanga), the case number, and the original case number.
2. Parties: Clearly state the names of the appellant, respondents, and any other relevant parties involved in the case.
3. Title: The document should be titled “Memorandum of Appeal” at the top.
4. Introduction: Briefly introduce the appellant and the reason for filing the appeal.
5. Reasons for Appeal: Outline the grounds for the appeal, specifying the errors made by the lower court in law or fact.
6. Prayer: Clearly state what the appellant is seeking from the higher court, such as reversing the decision, setting aside orders, or condemning respondents to costs.
7. Date and Signatures: Include the date of filing and signatures of the appellant/his advocate and any other relevant officers.
8. Drawn and Filed By: Provide details of the appellant, advocate, or any legal representative who prepared and filed the appeal.
9. Service Details: Mention the parties upon whom the appeal is to be served, including their names and addresses.
10. Overall Presentation: The memorandum should be well-organized, concise, and follow a logical structure to present the grounds for appeal clearly.

Sample of memorandum of appeal in Tanzania

IN THE HIGH COURT OF TANZANIA
AT TANGA

CIVIL APPEAL NO………. OF 20…

(Original Civil Case No. 4 of 20… of the Court of the Resident
Magistrate of Tanga at Tanga)

ABC INVESTMENT …………………………………APPELLANT
Versus

JAMES MARANDU……………………………………………. 1ST RESPONDENT

ALLIANCE INSURANCE…………………………………..…….. 2ND RESPONDENT

MEMORANDUM OF APPEAL

The appellant herein, ABC INVESTMENT, being aggrieved by the decision of H.R. LYANGA, Resident Magistrate, dated 30/11/20… in Civil Case No. 4 of 20… of the Court of the Resident Magistrate of Tanga at Tanga whereby the appellant and the 2nd Respondent (Third Party) were ordered to pay TShs 11,000,000/= as costs of repairing the motor vehicle the subject matter of the suit; Tshs 45,000/= per day as loss of income from the date of the accident to the date of filing the suit; TShs 60,000/= per day as loss of income from the date of filing the suit to date of judgment; TShs 30,000/= per day as loss of income from the date of judgment to date of payment in full; and general damages Tshs 6,000,000/= plus costs of the suit, hereby appeals against the said decision on the following grounds:

1. That the learned trial Resident Magistrate erred in law and in fact in awarding Tshs 11,000,000/= to the 1st respondent as costs of repairing the motor vehicle whereas there was no any or sufficient evidence to prove the alleged costs of repair.
2. That the learned trial Resident Magistrate erred in law and in fact in awarding TShs 45,000/= per day; TShs 60,000/= per day; and TShs 30,000/= per day in reliefs No. 2, 3, and 4 respectively as loss of income whereas there was no any or sufficient evidence to establish such losses of income.
3. That the learned Resident Magistrate erred in law and fact by finding negligence on the part of the appellant’s driver and, without prejudice to the foregoing, by not finding contributory negligence on the part of the 1st respondent’s driver.
4. That without prejudice to the first ground of appeal the learned Resident Magistrate erred in law and in fact in finding the appellant liable for causing delay in respect of repairing of the motor vehicle.
5. That the appellant’s motor vehicle been at all material times fully insured against third party risks the learned trial Resident Magistrate erred in law and in fact in ordering the appellant to share payment of damages with the 2nd respondent.
6. That without prejudice to the fifth ground of appeal the learned trial Resident Magistrate erred in law and in fact in ordering the sharing of payment of damages by the appellant and the 2nd respondent without specifying the extent of liability of each of them.

WHEREFORE the Appellant prays that the appeal be allowed, the decision of the Resident Magistrate’s Court be reversed, the orders thereon be set aside, and the respondents be condemned to costs.

Dated at Tanga this …………… day of …………….………………. 20….

_____________________________________
ADVOCATE FOR THE APPELLANT

Presented for filing this …………… day of …..……………….. 20….

________________________

REGISTRY OFFICER

Drawn & Filed by:

XYZ
ADVOCATE,
MARKET AVENUE,
P.O. BOX 1000,
TANGA.

To be served upon:

1. JAMES MARANDU
   ( 1ST RESPONDENT)
   KIBAHA.
2. ALLIANCE INSURANCE
   ( 2ND RESPONDENT)
   MOSHI.

Sample of memorandum of appeal in Tanzania pdf

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