bank of baroda t ltd and another vs pulses and agro commodities t ltd 2016 tzca 32 18 october 2016

------ IN THE COURT OF APPEAL OF TANZANIA AT ARUSHA CIVIL APPEAL NO. 32 OF 2016 1. BANK OF BARODA {T) LTD MR. CHARLES RWECHUNGURA - RECEIVER/MANAGER ................... APPELLANTS 2. PULSES AND AGRO COMMODITIES {T) LTD VERSUS PULSES AND AGRO COMMODITIES (T) LTD ........................ RESPONDENT {Arising from the decision of the High Court of Tanzania at Arusha) ( Moshi, l.) dated the 23rd day of April, 2015 in Civil Case No. 24 of 2014 ORDER OF THE COURT MUSSA, J.A.: When this appeal was called on for hearing today, the appellants were represented by Mr. Cyril Pesha, learned Advocate, whereas the respondent had the services of Mr. Omar Iddi Omar, also learned Advocate. At the prompting of the Court, Mr. Pesha readily conceded that the record of appeal is incomplete in that page 7 to 10 of the High Court typed proceedings are missing. In the circumstances he prayed that the appeal be struck out for incompetence. To this concession, Mr. Omar had no objection. In view of the fact that part of the High Court proceedings are missing, the record of appeal is indeed incomplete and contravenes Rule 96 (1) (d) 1 of the Tanzania Court of Appeal Rules, 2009 (the Rules). In the result, this appeal is incompetent and the same is, accordingly, struck out. Since the shortcoming was raised by the court suo motu, we give no order as to costs. DATED at ARUSHA this 18th day of October, 2016 S. MJASIRI JUSTICE OF APPEAL K. M. MUSSA JUSTICE OF APPEAL I. H. JUMA JUSTICE OF APPEAL I certify that this is a true copy of the original. ~ B. R. NYAKI DEPUTY REGISTRAR COURT OF APPEAL \ • I"' \ . 2