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Memorandum of Appeal (guide + 2 free samples)
A memorandum of Appeal is a primary document for 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 case you appeal against.
The person who appeals is called the Appellant and the person who responds to the appeals is called the Respondent.
see also:
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Sample of memorandum of appeal
The following are the samples of the Memorandum of Appeal from the Primary Court to the District Court and from the District Court or Resident Magistrate Court to the High Court in civil cases.
Sample of Memorandum of Appeal #1
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:
- That the learned Magistrate erred in law and in fact by ……………………………………………………………….
- That the learned trial Magistrate erred in law and in fact to…………………………………………………………………………..
- That the learned trial Magistrate erred in law and in fact by ……………………………………………….
WHEREFORE the Appellant prays that the appeal is 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 ………….,
……………….
Sample of Memorandum of Appeal #2
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:
- That the learned Magistrate erred in law and in fact by ……………………………………………………………….
- That the learned trial Magistrate erred in law and in fact to…………………………………………………………………………..
- That the learned trial Magistrate erred in law and in fact by ……………………………………………
- 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 ………….,
……………….
See also
