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    Sample of Memorandum of Appeal From Primary Court To District Court

    Uploaded by

    fred
    This document provides two sample memorandums of appeal. The first is an appeal from a primary court to a district court in a civil case. The second is an appeal from a district court (exercising original jurisdiction) or resident magistrate court to the high court. Both samples outline the standard format and contents, including identifying the appellant and respondent, listing the grounds for appeal, and requesting that the appeal be allowed and lower court decision reversed.

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    Download as DOCX, PDF, TXT or read online from Scribd

    Sample of Memorandum of Appeal From Primary Court To District Court

    Uploaded by

    fred
    1K views6 pages
    This document provides two sample memorandums of appeal. The first is an appeal from a primary court to a district court in a civil case. The second is an appeal from a district court (exercising original jurisdiction) or resident magistrate court to the high court. Both samples outline the standard format and contents, including identifying the appellant and respondent, listing the grounds for appeal, and requesting that the appeal be allowed and lower court decision reversed.

    Original Title

    Memorandum of Appeal

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    This document provides two sample memorandums of appeal. The first is an appeal from a primary court to a district court in a civil case. The second is an appeal from a district court (exercising original jurisdiction) or resident magistrate court to the high court. Both samples outline the standard format and contents, including identifying the appellant and respondent, listing the grounds for appeal, and requesting that the appeal be allowed and lower court decision reversed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views6 pages

    Sample of Memorandum of Appeal From Primary Court To District Court

    Uploaded by

    fred
    This document provides two sample memorandums of appeal. The first is an appeal from a primary court to a district court in a civil case. The second is an appeal from a district court (exercising original jurisdiction) or resident magistrate court to the high court. Both samples outline the standard format and contents, including identifying the appellant and respondent, listing the grounds for appeal, and requesting that the appeal be allowed and lower court decision reversed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    Memorandum of Appeal is a primary document of initiating

    of appeal from the lower court to the higher court. It


    contains grounds/ reasons for being aggrieved by the
    decisions of the lower court and prayers to the Higher
    Court. It is always accompanied by the judgment/ruling
    and decree/drawn order of the cause you appeal against.

    The person who appeals is called the Appellant and the


    person who responds to the appeals is called
    Respondent. 

    These samples will enable you to understand the form and


    contents of the memorandum of appeal.  

    The following are the samples of Memorandum of Appeal


    from Primary Court to District Court and from District court
    or Resident Magistrate Court to High Court in civil cases.

    1. Sample of Memorandum of Appeal from Primary


    Court to District court

    IN THE DISTRICT COURT OF …………………………


    AT …………………………
    CIVIL APPEAL NO. ………… OF …………………
    (Appeal from the Judgment and Decree delivered by
    the Primary Court of ……………………..
    (………………….., PCM) dated …………………)
    ………………………………………………………..
    ……………… APPELLANT
    VERSUS
    ………………………………………………………. 
    ………….. RESPONDENT
    MEMORANDUM OF APPEAL
    The Appellant above named being aggrieved by the
    Judgement of the Primary Court of ………………… at
    …………………… (Hon. ………………, ) in  Civil case No.
    ……….. of ……………, hereby appeals against the whole
    of the ruling and the order thereof on the following
    grounds:

    1. That the learned Magistrate erred in law and in fact by


    …………………….................................................

    2. That the learned trial Magistrate erred in law and in


    fact
    to……………………………………………………………
    ……………..

    3. That the learned trial Magistrate erred in law and in


    fact by ……………………………………………….
    WHEREFORE the Appellant prays that the appeal be
    allowed, the decision of the Primary Magistrate’s Court be
    reversed, the orders thereon be set aside, and the
    respondent be condemned to costs.
    Dated at ……………………… this …………. day of
    …………….., ……………

       ………………………..
               APPELLANT

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


    ………….
            ……………………………………
                    REGISTRY OFFICER
    COPY TO BE SERVED UPON:

    DRAWN AND FILED BY:


    ABC & COMPANY,
    ADVOCATES,
    P.O.BOX ………….,
    ...................

    2. Sample of Memorandum of Appeal from District


    court when (exercising original jurisdiction) or
    Resident Magistrate Court to High Court

    IN THE HIGH COURT OF TANZANIA


    AT …………………..
    CIVIL APPEAL NO. ………… OF ………..
    (From the original District Court of ……………….
    Miscellaneous Civil Application No. ………… of ………)

    ……………………………………………………
    …………….. APPELLANT
    VERSUS
    …………………………………………………… ……………
    RESPONDENT

    MEMORANDUM OF APPEAL
    The Appellant above named being aggrieved by the
    Ruling of the District Court of ………………… at
    …………………… (Hon. ………………, SRM) in
    Miscellaneous Civil Application No. ……….. of
    ……………, hereby appeals against the whole of the ruling
    and the order thereof on the following grounds:

    1. That the learned Magistrate erred in law and in fact by


    …………………….................................................

    2. That the learned trial Magistrate erred in law and in


    fact
    to……………………………………………………………
    ……………..

    3. That the learned trial Magistrate erred in law and in


    fact by ……………………………………………….
    4.  That without prejudice to the third ground of appeal
    the learned trial  Magistrate erred in law and in fact in
    ordering ..................

    WHEREOF, the appellant prays for the ruling of the trial


    Court to be quashed and set – aside and Ruling to be
    entered for the Appellant as prayed for in the Application.
    Dated at ……………………… this …………. day of
    …………….., ……………
    ………………………..
    APPELLANT

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


    ………….

    ……………………………………
    REGISTRY OFFICER
    COPY TO BE SERVED UPON:
    Respondent

    DRAWN AND FILED BY:


    ABC & COMPANY,
    ADVOCATES,
    P.O.BOX ………….,
    ...................

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