20020719 TZCA Dar es Salaam

20020719 TZCA Dar es Salaam

The appeal is incompetent due to the omission of mandatory documents and defective orders in the record of appeal, which cannot be remedied at this stage by a supplementary record. The preliminary objection is upheld.

Citation
20020719 TZCA Dar es Salaam
Parties
Appellant: SUMA LIMITED; Respondent: ONE EARTH (ZANZIBAR) LIMITED
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 July 2002
Procedural Posture
Civil Appeal / Appeal From High Court Ruling
Outcome
Appeal struck out with costs
Legal Topics
Preliminary Objection, Record of Appeal, Arbitration Clause, Procedural Compliance
Source Language
English
Civil Procedure Arbitration Preliminary Objection Record of Appeal Arbitration Clause Procedural Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

SUMA LIMITED

Appellant

ONE EARTH (ZANZIBAR) LIMITED

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling

Legal Issues

  1. 1 Whether the appeal is incompetent due to omissions and defects in the record of appeal
  2. 2 Whether unreasonable notice of preliminary objection requires overruling the objection

Ratio Decidendi

The appeal is incompetent due to the omission of mandatory documents and defective orders in the record of appeal, which cannot be remedied at this stage by a supplementary record. The preliminary objection is upheld.

Court Disposition

Appeal struck out with costs

Orders

  • The appeal is struck out with costs to the respondent.