CIVIL APPEAL NO 98 OF 2024 AMSONS INDUSTRIES T LIMITED VS PARDEEP SING HANS AND 3 OTHERS

CIVIL APPEAL NO 98 OF 2024 AMSONS INDUSTRIES T LIMITED VS PARDEEP SING HANS AND 3 OTHERS

The certificate of delay dated 17th January 2024 was properly procured from the Registrar of the High Court, and only documents formally obtained from the Registrar constitute the valid record of appeal. The appeal was lodged within the statutory 60-day period from the date the complete documents were formally...

Source-derived case information.

Citation
CIVIL APPEAL NO 98 OF 2024 AMSONS INDUSTRIES T LIMITED VS PARDEEP SING HANS AND 3 OTHERS
Parties
Appellant: Amsons Industries (T) Ltd; 1st Respondent: Pardeep Singh Hans; 2nd Respondent: Merey Ally Saleh; 3rd Respondent: Islam Ally Saleh; 4th Respondent: Dar es Salaam Cement Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objections dismissed
Legal Topics
Certificate of Delay, Time Limitation, Record of Appeal, Formal Procurement of Court Documents
Source Language
english
Civil Procedure Land Law Company Law Certificate of Delay Time Limitation Record of Appeal Formal Procurement of Court Documents

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Parties

Amsons Industries (T) Ltd

Appellant

Pardeep Singh Hans

1st Respondent

Merey Ally Saleh

2nd Respondent

Islam Ally Saleh

3rd Respondent

Dar es Salaam Cement Co. Ltd

4th Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the certificate of delay dated 17th January 2024 was properly procured and valid for the appeal record
  2. 2 Whether the appeal was lodged within the statutory time limit

Ratio Decidendi

The certificate of delay dated 17th January 2024 was properly procured from the Registrar of the High Court, and only documents formally obtained from the Registrar constitute the valid record of appeal. The appeal was lodged within the statutory 60-day period from the date the complete documents were formally supplied, rendering the preliminary objections meritless.

Court Disposition

preliminary objections dismissed

Orders

  • The two grounds of preliminary objection are dismissed for lack of merits.
  • Costs to follow the final verdict of the appeal.