jacqueline jonathan mkonyi another vs gausal properties limited 2022 tzca 288 17 may 2022

jacqueline jonathan mkonyi another vs gausal properties limited 2022 tzca 288 17 may 2022

Omission to include proof of service of the notice of appeal in the record does not render the appeal incompetent where there is evidence of service, such as a notice of address for service by the respondent's advocate. The authorities cited by the respondent are distinguishable as they concern total failure of service, not mere omission of proof in the record.

Citation
jacqueline jonathan mkonyi another vs gausal properties limited 2022 tzca 288 17 may 2022
Parties
1st Appellant: Jacqueline Jonathan Mkonyi; 2nd Appellant: Abdallah Makatta t/a Sensitive Auction Mart; Respondent: Gausal Properties Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 May 2022
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Preliminary objection overruled with costs to the appellants.
Legal Topics
Proof of Service, Preliminary Objection, Appeal Procedure
Source Language
English
Civil Procedure Land Law Proof of Service Preliminary Objection Appeal Procedure

Case Brief

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Parties

Jacqueline Jonathan Mkonyi

1st Appellant

Abdallah Makatta t/a Sensitive Auction Mart

2nd Appellant

Gausal Properties Limited

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to include proof of service of notice of appeal in the record renders the appeal incompetent
  2. 2 Whether the preliminary objection on incompetence of appeal due to lack of proof of service should be sustained

Ratio Decidendi

Omission to include proof of service of the notice of appeal in the record does not render the appeal incompetent where there is evidence of service, such as a notice of address for service by the respondent's advocate. The authorities cited by the respondent are distinguishable as they concern total failure of service, not mere omission of proof in the record.

Court Disposition

Preliminary objection overruled with costs to the appellants.

Orders

  • Leave granted to appellants to lodge a supplementary record of appeal within thirty (30) days to incorporate missing written submissions and proof of service of the notice of appeal.