mwananchi engineering and contracting corporation vs khalifa ta msangi enterprises 2010 tzca 167 23 march 2010

mwananchi engineering and contracting corporation vs khalifa ta msangi enterprises 2010 tzca 167 23 march 2010

The decree in the record of appeal is defective as it does not reflect the full reliefs granted in the judgment, contrary to Order XX rule 6(1) of the Civil Procedure Act. The defect must be cured by amendment before the appeal can be heard. The new Court of Appeal Rules, 2009 apply to this pending appeal, and the appellant must comply with Rules 34 and 106 when filing the amended decree.

Citation
mwananchi engineering and contracting corporation vs khalifa ta msangi enterprises 2010 tzca 167 23 march 2010
Parties
Appellant: Mwananchi Engineering and Contracting Corporation; Respondent: Khalifa t/a Msangi Enterprises
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 March 2010
Procedural Posture
Civil Appeal / Interlocutory Order on Procedural Compliance and Defective Decree
Outcome
adjourned for procedural compliance
Legal Topics
Defective Decree, Appellate Procedure, Application of New Procedural Rules, Amendment of Court Records
Source Language
English
Civil Procedure Defective Decree Appellate Procedure Application of New Procedural Rules Amendment of Court Records

Case Brief

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Parties

Mwananchi Engineering and Contracting Corporation

Appellant

Khalifa t/a Msangi Enterprises

Respondent

Procedural Posture

Civil Appeal / Interlocutory Order on Procedural Compliance and Defective Decree

Legal Issues

  1. 1 Whether the decree in the record of appeal complies with Order XX rule 6(1) of the Civil Procedure Act
  2. 2 Whether the new Court of Appeal Rules, 2009 should apply to this pending appeal
  3. 3 Whether the defect in the decree is curable and the proper procedure for amendment

Ratio Decidendi

The decree in the record of appeal is defective as it does not reflect the full reliefs granted in the judgment, contrary to Order XX rule 6(1) of the Civil Procedure Act. The defect must be cured by amendment before the appeal can be heard. The new Court of Appeal Rules, 2009 apply to this pending appeal, and the appellant must comply with Rules 34 and 106 when filing the amended decree.

Court Disposition

adjourned for procedural compliance

Orders

  • Hearing of the appeal is adjourned to a date to be fixed by the Registrar.
  • Appellant to file an amended decree within 30 days from the date of the order.