sumry high class ltd another vs mussa shaibu msangi 2020 tzca 190 16 april 2020

sumry high class ltd another vs mussa shaibu msangi 2020 tzca 190 16 april 2020

The supplementary record was incurably defective for lack of certificate of correctness and authenticity, and its contents contradicted the main record; these defects went to the root of the appeal and could not be cured by the overriding objective principle. As a result, the record of appeal was incomplete and the appeal incompetent, warranting its striking out.

Citation
sumry high class ltd another vs mussa shaibu msangi 2020 tzca 190 16 april 2020
Parties
Appellant: Sumry High Class Limited; Appellant: Sumry Bus Services Limited; Respondent: Mussa Shaibu Msangi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 April 2020
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Appeals, Supplementary Record, Certificate of Correctness, Procedural Compliance
Source Language
English
Civil Procedure Commercial Law Appeals Supplementary Record Certificate of Correctness Procedural Compliance

Case Brief

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Parties

Sumry High Class Limited

Appellant

Sumry Bus Services Limited

Appellant

Mussa Shaibu Msangi

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the supplementary record of appeal was defective for lack of certificate of correctness and authenticity
  2. 2 Whether the defect in the supplementary record rendered the entire appeal incompetent

Ratio Decidendi

The supplementary record was incurably defective for lack of certificate of correctness and authenticity, and its contents contradicted the main record; these defects went to the root of the appeal and could not be cured by the overriding objective principle. As a result, the record of appeal was incomplete and the appeal incompetent, warranting its striking out.

Court Disposition

appeal struck out with costs

Orders

  • Appeal struck out for incompetence due to defective supplementary record and incomplete record of appeal.
  • Costs awarded to the respondent.