rsa ltd vs hanspaul automechs ltd another 2020 tzca 282 8 june 2020

rsa ltd vs hanspaul automechs ltd another 2020 tzca 282 8 june 2020

The notice of appeal is not defective as the proper date of judgment pronouncement is 12/4/2016, not 20/4/2016. The decree is defective for not bearing the correct date, but since the irregularity was caused by the trial court, the appellant is allowed to file a properly drawn decree within 45 days under the overriding objective principle.

Citation
rsa ltd vs hanspaul automechs ltd another 2020 tzca 282 8 june 2020
Parties
Appellant: R.S.A. Limited; 1st Respondent: Hanspaul Automechs Limited; 2nd Respondent: Govinderajan Senthil Kumar
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 June 2020
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
preliminary objection dismissed; appellant granted leave to file properly drawn decree
Legal Topics
Copyright Infringement, Defective Notice of Appeal, Decree Date Irregularity, Overriding Objective Principle
Source Language
English
Intellectual Property Civil Procedure Copyright Infringement Defective Notice of Appeal Decree Date Irregularity Overriding Objective Principle

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Parties

R.S.A. Limited

Appellant

Hanspaul Automechs Limited

1st Respondent

Govinderajan Senthil Kumar

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the notice of appeal is defective for referencing the wrong date of judgment
  2. 2 Whether the decree is defective for not bearing the correct date of judgment
  3. 3 Whether the appeal should be struck out due to procedural defects

Ratio Decidendi

The notice of appeal is not defective as the proper date of judgment pronouncement is 12/4/2016, not 20/4/2016. The decree is defective for not bearing the correct date, but since the irregularity was caused by the trial court, the appellant is allowed to file a properly drawn decree within 45 days under the overriding objective principle.

Court Disposition

preliminary objection dismissed; appellant granted leave to file properly drawn decree

Orders

  • Appellant to obtain and file a properly drawn decree within 45 days
  • Hearing of the appeal adjourned to next convenient session