daima ally vs hawa mengele msalangi 2020 tzca 1882 3 december 2020

daima ally vs hawa mengele msalangi 2020 tzca 1882 3 december 2020

The appellant exhausted the opportunity to cure defects in the record of appeal under Rule 96(7); Rule 96(8) prohibits further applications to supplement the record, rendering the appeal incomplete and subject to striking out.

Citation
daima ally vs hawa mengele msalangi 2020 tzca 1882 3 december 2020
Parties
Appellant: Daima Ally; Respondent: Hawa Mengele Msalangi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 December 2020
Procedural Posture
Civil Appeal / Striking Out Appeal for Incomplete Record
Outcome
appeal struck out with costs
Legal Topics
Appeals, Supplementary Record, Extension of Time, Court Rules
Source Language
English
Civil Procedure Appeals Supplementary Record Extension of Time Court Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Daima Ally

Appellant

Hawa Mengele Msalangi

Respondent

Procedural Posture

Civil Appeal / Striking Out Appeal for Incomplete Record

Legal Issues

  1. 1 Whether the appeal record was complete as required by Court of Appeal Rules
  2. 2 Whether the appellant could be granted further leave to file another supplementary record

Ratio Decidendi

The appellant exhausted the opportunity to cure defects in the record of appeal under Rule 96(7); Rule 96(8) prohibits further applications to supplement the record, rendering the appeal incomplete and subject to striking out.

Court Disposition

appeal struck out with costs

Orders

  • Appeal struck out for incomplete record
  • Appellant's prayer for further opportunity to supplement record denied