babito limited vs freight africa nv belgium others 2018 tzca 408 9 march 2018

The appeal was incompetent for want of authentic copies of documents necessary to form part of the record of appeal in terms of Rule 96(1) of the Rules; retyping documents does not satisfy the requirement for copies.

Citation: babito limited vs freight africa nv belgium others 2018 tzca 408 9 march 2018
Parties: Appellant: Babito Ltd; 1st Respondent: Freight Africa NV - Belgium; 2nd Respondent: Tahit/So Murtzaza Vaui; 3rd Respondent: Total Freight Services (T) Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 9 March 2018
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: appeal struck out
Legal Topics: Record of Appeal, Preliminary Objection, Court Procedure, Appeal Competency
Source Language: English

Civil Procedure Record of Appeal Preliminary Objection Court Procedure Appeal Competency

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Parties

Babito Ltd

Appellant

Freight Africa NV - Belgium

1st Respondent

Tahit/So Murtzaza Vaui

2nd Respondent

Total Freight Services (T) Ltd

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the record of appeal was validly constituted with authentic copies as required by Rule 96(1) of the Tanzania Court of Appeal Rules, 2009
2 Whether retyped documents satisfy the requirement for 'copies' in the record of appeal
3 Whether misdescription of parties in the record is fatal to the appeal

Ratio Decidendi

Court Disposition

appeal struck out

Orders

Appeal struck out for incompetence due to non-compliance with Rule 96(1) of the Tanzania Court of Appeal Rules, 2009
Costs to the respondents