juma sitta bundara others vs kideemining t limited 2022 tzca 47 22 february 2022

juma sitta bundara others vs kideemining t limited 2022 tzca 47 22 february 2022

The presence of two certificates of delay with a minor typographical error in the date is a curable defect under the overriding objective principle and relevant rules. The defect is treated as an omission, allowing the appellants to file a supplementary record of appeal to include a proper certificate of delay.

Citation
juma sitta bundara others vs kideemining t limited 2022 tzca 47 22 february 2022
Parties
1st Appellant: Juma Sitta Bundara; 2nd Appellant: Ivuli W. Jeremia; 3rd Appellant: Marwa W. Ikware; 4th Appellant: Hamisi Msangi; Respondent: Kidee Mining (T) Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 February 2022
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Before Hearing Appeal on Merits
Outcome
Preliminary objection overruled; leave granted to file supplementary record of appeal.
Legal Topics
Certificate of Delay, Time Barred Appeals, Supplementary Record of Appeal, Overriding Objective Principle
Source Language
English
Civil Procedure Appellate Practice Certificate of Delay Time Barred Appeals Supplementary Record of Appeal Overriding Objective Principle

Case Brief

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Parties

Juma Sitta Bundara

1st Appellant

Ivuli W. Jeremia

2nd Appellant

Marwa W. Ikware

3rd Appellant

Hamisi Msangi

4th Appellant

Kidee Mining (T) Limited

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Before Hearing Appeal on Merits

Legal Issues

  1. 1 Whether the existence of two certificates of delay renders the appeal incompetent and time barred
  2. 2 Whether the defect of two certificates of delay is curable by filing a supplementary record of appeal

Ratio Decidendi

The presence of two certificates of delay with a minor typographical error in the date is a curable defect under the overriding objective principle and relevant rules. The defect is treated as an omission, allowing the appellants to file a supplementary record of appeal to include a proper certificate of delay.

Court Disposition

Preliminary objection overruled; leave granted to file supplementary record of appeal.

Orders

  • Appellants granted leave to file a supplementary record of appeal within forty-five (45) days to include a proper certificate of delay.