bansons enterprises ltd vs mire artan 2022 tzca 777 1 december 2022

The omission of the letter of notification from the Registrar is not fatal to the appeal; Rule 96(7) provides a remedy allowing the appellant to file a supplementary record to include the missing document, and no injustice has been occasioned to the respondent.

Citation: bansons enterprises ltd vs mire artan 2022 tzca 777 1 december 2022
Parties: Appellant: Bansons Enterprises Ltd; Respondent: Mire Artan
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 1 December 2022
Procedural Posture: Civil Appeal / Interlocutory Ruling on Preliminary Objection
Outcome: preliminary objection overruled; appeal adjourned
Legal Topics: Appeal Record Completeness, Certificate of Delay, Supplementary Record, Overriding Objective
Source Language: English

Civil Procedure Land Law Appeal Record Completeness Certificate of Delay Supplementary Record Overriding Objective

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Parties

Bansons Enterprises Ltd

Appellant

Mire Artan

Respondent

Procedural Posture

Civil Appeal / Interlocutory Ruling on Preliminary Objection

Legal Issues

1 Whether omission of the letter of notification from the Registrar renders the appeal incompetent
2 Whether the defect in the record is curable under Rule 96(7) of the Tanzania Court of Appeal Rules

Ratio Decidendi

Court Disposition

preliminary objection overruled; appeal adjourned

Orders

Appellant to file a supplementary record of appeal including the letter of notification from the Registrar within twenty-one days from the date of ruling.
Appeal adjourned to the next convenient session of the Court on a date to be fixed by the Registrar.