anthony josephat kabula vs hamisi maganga 2021 tzca 275 2 july 2021

anthony josephat kabula vs hamisi maganga 2021 tzca 275 2 july 2021

Given the defects in the decree and certificate of delay were caused by the Registrar's office and not the parties, and in line with the overriding objective and relevant rules, the appellant is granted leave to file a supplementary record of appeal within 60 days, and each party shall bear their own costs for the adjournment.

Citation
anthony josephat kabula vs hamisi maganga 2021 tzca 275 2 july 2021
Parties
Appellant: Anthony Josephat @ Kabula; Respondent: Hamisi Maganga
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 July 2021
Procedural Posture
Civil Appeal / Interlocutory Order on Application to File Supplementary Record and Adjournment
Outcome
Application for leave to file supplementary record of appeal granted; adjournment granted; no order as to costs for adjournment.
Legal Topics
Defective Decree, Certificate of Delay, Supplementary Record of Appeal, Adjournment, Costs
Source Language
English
Civil Procedure Defective Decree Certificate of Delay Supplementary Record of Appeal Adjournment Costs

Case Brief

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Parties

Anthony Josephat @ Kabula

Appellant

Hamisi Maganga

Respondent

Procedural Posture

Civil Appeal / Interlocutory Order on Application to File Supplementary Record and Adjournment

Legal Issues

  1. 1 Whether the appellant should be granted leave to file a supplementary record of appeal to rectify a defective decree and certificate of delay
  2. 2 Whether costs of adjournment should be awarded

Ratio Decidendi

Given the defects in the decree and certificate of delay were caused by the Registrar's office and not the parties, and in line with the overriding objective and relevant rules, the appellant is granted leave to file a supplementary record of appeal within 60 days, and each party shall bear their own costs for the adjournment.

Court Disposition

Application for leave to file supplementary record of appeal granted; adjournment granted; no order as to costs for adjournment.

Orders

  • Appellant to lodge a supplementary record of appeal containing rectified decree and certificate of delay within 60 days.
  • Hearing of the appeal adjourned to a date to be fixed by the Registrar.