20070817 TZCA Dar es Salaam

20070817 TZCA Dar es Salaam

Leave to amend the record of appeal is granted only for substitution and removal of parties as per statutory changes; inclusion of new documents is not permitted under Rule 104 and must be done by supplementary record under Rule 92(3).

Citation
20070817 TZCA Dar es Salaam
Parties
Applicant: K.S.F. Kisombe; First Respondent: Tanzania Harbours Authority (to be substituted by Tanzania Ports Authority); Second Respondent: Presidential Parastatal Sector Reform Commission; Respondent: Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 August 2007
Procedural Posture
Civil Application / Application for Leave to Amend Record of Appeal
Outcome
partly allowed and partly dismissed
Legal Topics
Amendment of Record of Appeal, Substitution of Parties, Inclusion of Documents in Appeal
Source Language
English
Civil Procedure Amendment of Record of Appeal Substitution of Parties Inclusion of Documents in Appeal

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Parties

K.S.F. Kisombe

Applicant

Tanzania Harbours Authority (to be substituted by Tanzania Ports Authority)

First Respondent

Presidential Parastatal Sector Reform Commission

Second Respondent

Others

Respondent

Procedural Posture

Civil Application / Application for Leave to Amend Record of Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend the record of appeal to substitute the name of the first respondent and remove the second respondent
  2. 2 Whether the applicant should be granted leave to include additional documents in the amended record of appeal

Ratio Decidendi

Leave to amend the record of appeal is granted only for substitution and removal of parties as per statutory changes; inclusion of new documents is not permitted under Rule 104 and must be done by supplementary record under Rule 92(3).

Court Disposition

partly allowed and partly dismissed

Orders

  • Leave granted to amend the record of appeal by substituting Tanzania Harbours Authority with Tanzania Ports Authority.
  • Leave granted to remove the second respondent, Presidential Parastatal Sector Reform Commission, from the record of appeal.