issa ns marombe vs abderehman s mbwana 2019 tzca 423 22 november 2019

issa ns marombe vs abderehman s mbwana 2019 tzca 423 22 november 2019

The Court granted leave to the appellant to file a supplementary record of appeal within thirty days to accommodate the missing documents, holding that the omission does not automatically render the appeal incompetent under current practice.

Citation
issa ns marombe vs abderehman s mbwana 2019 tzca 423 22 november 2019
Parties
Appellant: Issa N.S. Marombe; Respondent: Abderehman S. Mbwana
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 November 2019
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
leave to file supplementary record granted; appeal adjourned
Legal Topics
Appeal Procedure, Record of Appeal, Leave to Appeal, Extension of Time
Source Language
English
Civil Procedure Land Law Appeal Procedure Record of Appeal Leave to Appeal Extension of Time

Case Brief

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Parties

Issa N.S. Marombe

Appellant

Abderehman S. Mbwana

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal is incompetent for being supported by an incomplete record of appeal under Rule 96(2) of the Court of Appeal Rules
  2. 2 Whether leave to appeal was obtained out of time under section 47(1) of the Land Disputes Courts Act

Ratio Decidendi

The Court granted leave to the appellant to file a supplementary record of appeal within thirty days to accommodate the missing documents, holding that the omission does not automatically render the appeal incompetent under current practice.

Court Disposition

leave to file supplementary record granted; appeal adjourned

Orders

  • Appellant granted thirty days to file a supplementary record of appeal to include missing documents
  • Appeal adjourned to a date to be fixed by the Registrar