puma energy tanzania ltd vs ruby roadways tanzania ltd 2020 tzca 186 15 april 2020

puma energy tanzania ltd vs ruby roadways tanzania ltd 2020 tzca 186 15 april 2020

The appeal is incompetent due to the inclusion of a defective decree in the record of appeal, and the Court cannot grant leave for a second supplementary record or invoke the overriding objective to cure such a fundamental defect. Rule 96(8) of the Rules is mandatory and precludes further applications to rectify the record after one opportunity has been granted.

Citation
puma energy tanzania ltd vs ruby roadways tanzania ltd 2020 tzca 186 15 april 2020
Parties
Appellant: Puma Energy Tanzania Limited; Respondent/cross Appellant: Ruby Roadways (T) Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 April 2020
Procedural Posture
Civil Appeal / Ruling on Preliminary Procedural Issue
Outcome
appeal and cross appeal struck out
Legal Topics
Defective Decree, Supplementary Record of Appeal, Overriding Objective, Procedural Compliance
Source Language
English
Civil Procedure Appellate Practice Defective Decree Supplementary Record of Appeal Overriding Objective Procedural Compliance

Case Brief

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Parties

Puma Energy Tanzania Limited

Appellant

Ruby Roadways (T) Limited

Respondent/cross Appellant

Procedural Posture

Civil Appeal / Ruling on Preliminary Procedural Issue

Legal Issues

  1. 1 Whether the Court can allow a second supplementary record to cure a defective decree under rule 96(7) and (8) of the Tanzania Court of Appeal Rules
  2. 2 Whether the Court can correct a defective decree under its revisional jurisdiction or the overriding objective principle

Ratio Decidendi

The appeal is incompetent due to the inclusion of a defective decree in the record of appeal, and the Court cannot grant leave for a second supplementary record or invoke the overriding objective to cure such a fundamental defect. Rule 96(8) of the Rules is mandatory and precludes further applications to rectify the record after one opportunity has been granted.

Court Disposition

appeal and cross appeal struck out

Orders

  • The appeal is struck out for incompetence due to an invalid decree.
  • The notice of cross appeal is also struck out.