absa bank tanzania limited another vs hjordis fammestad 2021 tzca 553 1 october 2021

absa bank tanzania limited another vs hjordis fammestad 2021 tzca 553 1 october 2021

The Court held that, in line with recent authorities and the overriding objective principle, the appellants should be allowed to rectify the defective certificate of delay and file a supplementary record including the missing evidence within thirty days, rather than striking out the appeal.

Citation
absa bank tanzania limited another vs hjordis fammestad 2021 tzca 553 1 october 2021
Parties
1st Appellant: ABSA Bank Tanzania Limited (formerly known as Barclays Bank Tanzania Ltd); 2nd Appellant: Joseph John Nanyaro; Respondent: Hjordis Fammestad
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 October 2021
Procedural Posture
Civil Appeal / Ruling on Preliminary Objections and Procedural Defects Prior to Hearing on Merits
Outcome
Appellants allowed to rectify defects and file supplementary record; hearing adjourned.
Legal Topics
Certificate of Delay, Computation of Time for Appeal, Supplementary Record of Appeal, Overriding Objective Principle
Source Language
English
Civil Procedure Banking Law Commercial Law Certificate of Delay Computation of Time for Appeal Supplementary Record of Appeal Overriding Objective Principle

Case Brief

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Parties

ABSA Bank Tanzania Limited (formerly known as Barclays Bank Tanzania Ltd)

1st Appellant

Joseph John Nanyaro

2nd Appellant

Hjordis Fammestad

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections and Procedural Defects Prior to Hearing on Merits

Legal Issues

  1. 1 Whether the certificate of delay is defective and the consequences thereof
  2. 2 Whether there are essential documents missing from the record of appeal and the remedy

Ratio Decidendi

The Court held that, in line with recent authorities and the overriding objective principle, the appellants should be allowed to rectify the defective certificate of delay and file a supplementary record including the missing evidence within thirty days, rather than striking out the appeal.

Court Disposition

Appellants allowed to rectify defects and file supplementary record; hearing adjourned.

Orders

  • Appellants to seek and obtain a valid certificate of delay.
  • Appellants to lodge a supplementary record including the proper certificate of delay and missing evidence within thirty days.