mining agriculture construction service ltd vs palemon construction ltd 2015 tzca 331 26 march 2015
The appeal was struck out as incompetent due to contravention of mandatory provisions of Rule 96 (1) (d), (f), and (g) of the Court of Appeal Rules, 2009, and omission of essential documents from the record of appeal.
- Citation
- mining agriculture construction service ltd vs palemon construction ltd 2015 tzca 331 26 march 2015
- Parties
- Appellant: Mining Agriculture & Construction Service Ltd; Respondent: Palemon Construction Ltd
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 March 2015
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- appeal struck out as incompetent
- Legal Topics
- Appeal Competence, Record of Appeal Requirements, Court Rules Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mining Agriculture & Construction Service Ltd
Appellant
Palemon Construction Ltd
Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether the appeal is incompetent for failure to comply with mandatory provisions of Rule 96 (1) (d), (f), and (g) of the Court of Appeal Rules, 2009
- 2 Whether omission of essential documents from the record of appeal renders the appeal incompetent
Ratio Decidendi
The appeal was struck out as incompetent due to contravention of mandatory provisions of Rule 96 (1) (d), (f), and (g) of the Court of Appeal Rules, 2009, and omission of essential documents from the record of appeal.
Court Disposition
appeal struck out as incompetent
Orders
- appeal struck out with costs
Full Case Text
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