amram mohamed talib other vs jamal abdallah suleiman 2018 tzca 250 29 august 2018

amram mohamed talib other vs jamal abdallah suleiman 2018 tzca 250 29 august 2018

The appeal is incompetent due to omission of core documents required by Rule 96(1)(k); amendment cannot cure the defect as missing documents cannot be added by amendment.

Citation
amram mohamed talib other vs jamal abdallah suleiman 2018 tzca 250 29 august 2018
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
Record of Appeal, Security for Costs, Preliminary Objection, Appeal Competence
Source Language
English
Civil Procedure Record of Appeal Security for Costs Preliminary Objection Appeal Competence

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

Ratio Decidendi

The appeal is incompetent due to omission of core documents required by Rule 96(1)(k); amendment cannot cure the defect as missing documents cannot be added by amendment.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out
  • no order as to costs