zen cliff traders limited another vs coca cola kwanza limited another 2023 tzca 17878 23 november 2023

zen cliff traders limited another vs coca cola kwanza limited another 2023 tzca 17878 23 november 2023

The striking out of the main appeal does not render the cross-appeal incompetent; the cross-appeal stands independently and may proceed on the existing record. Leave is granted to file a supplementary record to include missing documents necessary for the cross-appeal.

Source-derived case information.

Citation
zen cliff traders limited another vs coca cola kwanza limited another 2023 tzca 17878 23 november 2023
Parties
Appellant: Zen Cliff Traders Limited; Appellant: Gideon Makunja Mkama; Respondent: Coca Cola Kwanza Limited; Respondent: National Microfinance Bank
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 November 2023
Procedural Posture
Civil Appeal / Ruling on Cross Appeal After Main Appeal Struck Out
Outcome
cross-appeal competent; leave granted to file supplementary record; no order as to costs
Legal Topics
Performance Bond, Bank Guarantee, Breach of Contract, Cross Appeal Procedure, Record of Appeal
Source Language
english
Commercial Law Banking Law Contract Law Civil Procedure Performance Bond Bank Guarantee Breach of Contract Cross Appeal Procedure +1 more

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Parties

Zen Cliff Traders Limited

Appellant

Gideon Makunja Mkama

Appellant

Coca Cola Kwanza Limited

Respondent

National Microfinance Bank

Respondent

Procedural Posture

Civil Appeal / Ruling on Cross Appeal After Main Appeal Struck Out

Legal Issues

  1. 1 Whether a cross-appeal remains competent after the main appeal is struck out for want of record of appeal
  2. 2 Whether leave should be granted to file a supplementary record of appeal

Ratio Decidendi

The striking out of the main appeal does not render the cross-appeal incompetent; the cross-appeal stands independently and may proceed on the existing record. Leave is granted to file a supplementary record to include missing documents necessary for the cross-appeal.

Court Disposition

cross-appeal competent; leave granted to file supplementary record; no order as to costs

Orders

  • Appellant in cross-appeal granted 60 days to file supplementary record including missing documents
  • No order as to costs