gurmit singh vs meet singh another 2021 tzca 729 3 december 2021

gurmit singh vs meet singh another 2021 tzca 729 3 december 2021

The omission to include the drawn orders in the record of appeal contravenes mandatory procedural requirements, but the Court may exercise its discretion under Rule 96(7) to allow the appellant to file a supplementary record of appeal containing the omitted documents, as this would not prejudice the respondent and would enable expeditious determination of the dispute on merit.

Citation
gurmit singh vs meet singh another 2021 tzca 729 3 december 2021
Parties
Appellant: Gurmit Singh; 1st Respondent: Meet Singh; 2nd Respondent: Arjan Construction Co. Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 December 2021
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
leave granted to file supplementary record
Legal Topics
Appeal Procedure, Record of Appeal, Preliminary Objection, Supplementary Record
Source Language
English
Civil Procedure Appeal Procedure Record of Appeal Preliminary Objection Supplementary Record

Case Brief

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Parties

Gurmit Singh

Appellant

Meet Singh

1st Respondent

Arjan Construction Co. Ltd

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the omission to include drawn orders in the record of appeal renders the appeal incompetent
  2. 2 Whether the Court should exercise discretion to allow filing of a supplementary record of appeal

Ratio Decidendi

The omission to include the drawn orders in the record of appeal contravenes mandatory procedural requirements, but the Court may exercise its discretion under Rule 96(7) to allow the appellant to file a supplementary record of appeal containing the omitted documents, as this would not prejudice the respondent and would enable expeditious determination of the dispute on merit.

Court Disposition

leave granted to file supplementary record

Orders

  • Appellant granted leave to file a supplementary record of appeal containing the two drawn orders within sixty days from the date of delivery of this ruling.
  • Costs to abide the outcome of the appeal.