crdb bank plc vs heri microfinance limited another 2022 tzca 159 29 march 2022

crdb bank plc vs heri microfinance limited another 2022 tzca 159 29 march 2022

The defects in the notice of appeal and omission of written submissions do not render the appeal incompetent as they are curable under the rules; failure to serve the former 2nd defendant does not vitiate the appeal given the circumstances and absence of prejudice.

Citation
crdb bank plc vs heri microfinance limited another 2022 tzca 159 29 march 2022
Parties
Appellant: CRDB Bank PLC; Respondent: Heri Microfinance Limited; Respondent: Cassiano Lucas Kaegele
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 March 2022
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objections dismissed in part; appeal not struck out
Legal Topics
Notice of Appeal Defects, Service of Notice, Record of Appeal Completeness, Amendment of Appellate Documents
Source Language
English
Civil Procedure Banking Law Land Law Notice of Appeal Defects Service of Notice Record of Appeal Completeness Amendment of Appellate Documents

Case Brief

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Parties

CRDB Bank PLC

Appellant

Heri Microfinance Limited

Respondent

Cassiano Lucas Kaegele

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether defective notice of appeal renders appeal incompetent
  2. 2 Whether failure to serve notice of appeal to all affected parties renders appeal incompetent
  3. 3 Whether omission of written submissions in record of appeal vitiates appeal

Ratio Decidendi

The defects in the notice of appeal and omission of written submissions do not render the appeal incompetent as they are curable under the rules; failure to serve the former 2nd defendant does not vitiate the appeal given the circumstances and absence of prejudice.

Court Disposition

preliminary objections dismissed in part; appeal not struck out

Orders

  • Appellant to file amended notice of appeal showing correct case type within thirty days
  • Appellant to file supplementary record of appeal including written submissions for and against Civil Application No. 194/09 of 2019 within thirty days