20041216 TZCA Dar es Salaam 1
Non-compliance with Rule 10(5) and omission of documents under Rule 89(1)(f) do not render the appeal incompetent; defects are rectifiable and not grounds for preliminary objection unless omitted documents are specifically required by the Rules.
- Citation
- 20041216 TZCA Dar es Salaam 1
- Parties
- Appellant: Global Distributors (T) Ltd.; Appellant: Sadiq Suleiman Kumbata; Appellant: Batuli Kumbata; Respondent: CRDB Bank Ltd.
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 16 December 2004
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- preliminary objection dismissed
- Legal Topics
- Appeals, Record of Appeal, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Global Distributors (T) Ltd.
Appellant
Sadiq Suleiman Kumbata
Appellant
Batuli Kumbata
Appellant
CRDB Bank Ltd.
Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether failure to indicate every tenth line on the record of appeal renders the appeal incompetent
- 2 Whether omission of certain documents from the record of appeal is a valid ground for preliminary objection
Ratio Decidendi
Non-compliance with Rule 10(5) and omission of documents under Rule 89(1)(f) do not render the appeal incompetent; defects are rectifiable and not grounds for preliminary objection unless omitted documents are specifically required by the Rules.
Court Disposition
preliminary objection dismissed
Orders
- A fresh record of appeal to be instituted in accordance with the Rules within thirty days from the date of delivery of this Ruling.
- No order as to costs.
Full Case Text
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