CIVIL APPEAL NO 20 OF 2020 240320 083108

CIVIL APPEAL NO 20 OF 2020 240320 083108

The omission of the 3rd and 4th defendants, who were directly and substantially affected by the appeal, from the notice and memorandum of appeal and all processes leading to the appeal, violated rule 84(1) of the Tanzania Court of Appeal Rules, 2009 and the fundamental right to be heard. This omission is a fatal...

Source-derived case information.

Citation
CIVIL APPEAL NO 20 OF 2020 240320 083108
Parties
Appellant: CRDB Bank PLC; 1st Respondent: Heri Microfinance Limited; 2nd Respondent: Cassiano Lucas Kaegele
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Appeal struck out as incompetent
Legal Topics
Joinder of Parties, Right to Be Heard, Notice of Appeal, Compliance With Court Orders, Auction of Mortgaged Property
Source Language
english
Civil Procedure Banking Law Land Law Joinder of Parties Right to Be Heard Notice of Appeal Compliance With Court Orders Auction of Mortgaged Property

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Parties

CRDB Bank PLC

Appellant

Heri Microfinance Limited

1st Respondent

Cassiano Lucas Kaegele

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the omission of necessary parties (3rd and 4th defendants at trial) from the notice and memorandum of appeal renders the appeal incompetent
  2. 2 Whether the amendments to the notice of appeal exceeded the scope of the court's order and if such non-compliance is fatal
  3. 3 Whether the overriding objective principle can cure the omission of necessary parties

Ratio Decidendi

The omission of the 3rd and 4th defendants, who were directly and substantially affected by the appeal, from the notice and memorandum of appeal and all processes leading to the appeal, violated rule 84(1) of the Tanzania Court of Appeal Rules, 2009 and the fundamental right to be heard. This omission is a fatal irregularity that cannot be cured by the overriding objective principle. The appeal is incompetent and must be struck out.

Court Disposition

Appeal struck out as incompetent

Orders

  • The appeal is struck out for incompetence due to non-joinder of necessary parties.
  • Each party to bear its own costs.