20180829 TZCA Dar es Salaam 1

20180829 TZCA Dar es Salaam 1

The appeal was struck out because the record of appeal was incomplete, missing primary documents required under Rule 96(1)(k), rendering the appeal incompetent and not validly instituted.

Citation
20180829 TZCA Dar es Salaam 1
Parties
Appellant: Amran Mohamed Talib; Appellant: Akram Amran Mohamed Talib; Appellant: Lake Injection Services Limited; Respondent: Jamal Abdallah Suleiman
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 August 2018
Procedural Posture
Civil Appeal / Striking Out Appeal for Defective Record
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Competence, Record of Appeal, Security for Costs, Preliminary Objection
Source Language
English
Civil Procedure Appeal Competence Record of Appeal Security for Costs Preliminary Objection

Case Brief

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Parties

Amran Mohamed Talib

Appellant

Akram Amran Mohamed Talib

Appellant

Lake Injection Services Limited

Appellant

Jamal Abdallah Suleiman

Respondent

Procedural Posture

Civil Appeal / Striking Out Appeal for Defective Record

Legal Issues

  1. 1 Whether omission of primary documents renders appeal incompetent
  2. 2 Whether amendment under Rule 111 can cure missing documents in record of appeal

Ratio Decidendi

The appeal was struck out because the record of appeal was incomplete, missing primary documents required under Rule 96(1)(k), rendering the appeal incompetent and not validly instituted.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out
  • no order as to costs