20080216 TZCA Dar es Salaam

20080216 TZCA Dar es Salaam

An application to amend the record of appeal to substitute a fatally defective decree is incompetent because a supplementary record cannot cure the omission or defect of a core document required by the rules. The proper procedure is to seek leave to file a new record of appeal containing all core documents within...

Source-derived case information.

Citation
20080216 TZCA Dar es Salaam
Parties
Applicants: Robert Edward Hawkins and Another; Respondent: Patrice P. Mwaigomole
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 February 2008
Procedural Posture
Civil Application / Ruling on Preliminary Objection Regarding Application to Amend Record of Appeal
Outcome
Application struck out as incompetent
Legal Topics
Amendment of Record of Appeal, Supplementary Record of Appeal, Defective Decree, Appeal Competence
Source Language
english
Civil Procedure Amendment of Record of Appeal Supplementary Record of Appeal Defective Decree Appeal Competence

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Parties

Robert Edward Hawkins and Another

Applicants

Patrice P. Mwaigomole

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection Regarding Application to Amend Record of Appeal

Legal Issues

  1. 1 Whether the application to amend the record of appeal to substitute a defective decree is legally maintainable
  2. 2 Whether a supplementary record of appeal can cure the omission or defect of a core document such as a decree

Ratio Decidendi

An application to amend the record of appeal to substitute a fatally defective decree is incompetent because a supplementary record cannot cure the omission or defect of a core document required by the rules. The proper procedure is to seek leave to file a new record of appeal containing all core documents within the prescribed time or with leave of court.

Court Disposition

Application struck out as incompetent

Orders

  • Application struck out
  • Each party to bear its own costs