CIVIL APPEAL NO 30 OF 2020 HJORDIS FAMMESTAD VS ABSA BANK TANZANIA LIMITED ANOTHER

CIVIL APPEAL NO 30 OF 2020 HJORDIS FAMMESTAD VS ABSA BANK TANZANIA LIMITED ANOTHER

The Court held that the electronically recorded proceedings are the official record in the Commercial Division, but lack of certification by the Deputy Registrar rendered the record of appeal incomplete and invalid for determination of the cross appeal. Leave was granted to the cross appellant to file a supplementary record with certified proceedings within 60 days.

Citation
CIVIL APPEAL NO 30 OF 2020 HJORDIS FAMMESTAD VS ABSA BANK TANZANIA LIMITED ANOTHER
Parties
Cross Appellant: Hjordis Fammestad; 1st Cross Respondent: ABSA Bank Tanzania Limited (Formerly known as Barclays Bank Tanzania Ltd); 2nd Cross Respondent: Joseph Nanyaro
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Civil Appeal / Interlocutory Judgment on Preliminary Objection and Record Completeness
Outcome
Leave granted to file supplementary record; cross appeal not determined on merits; costs to abide outcome.
Legal Topics
Certification of Court Records, Official Record of Proceedings, Commercial Court Procedure, Contributory Negligence, Bank Account Mandates
Source Language
English
Civil Procedure Banking Law Certification of Court Records Official Record of Proceedings Commercial Court Procedure Contributory Negligence Bank Account Mandates

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Parties

Hjordis Fammestad

Cross Appellant

ABSA Bank Tanzania Limited (Formerly known as Barclays Bank Tanzania Ltd)

1st Cross Respondent

Joseph Nanyaro

2nd Cross Respondent

Procedural Posture

Civil Appeal / Interlocutory Judgment on Preliminary Objection and Record Completeness

Legal Issues

  1. 1 Whether the cross appeal is competently filed in the absence of a certified official record of proceedings
  2. 2 Whether the electronic (audio) recorded proceedings or handwritten notes constitute the official record in the Commercial Division
  3. 3 Whether lack of certification of electronic proceedings invalidates the record of appeal

Ratio Decidendi

The Court held that the electronically recorded proceedings are the official record in the Commercial Division, but lack of certification by the Deputy Registrar rendered the record of appeal incomplete and invalid for determination of the cross appeal. Leave was granted to the cross appellant to file a supplementary record with certified proceedings within 60 days.

Court Disposition

Leave granted to file supplementary record; cross appeal not determined on merits; costs to abide outcome.

Orders

  • Cross appellant to lodge a supplementary record of appeal with certified proceedings within 60 days from the date of the decision.
  • Costs to abide the outcome of the cross appeal.