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Tanzania decisions
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The applicants demonstrated good cause for the delay in including the omitted exhibits, as the omission was not due to negligence but to circumstances beyond their control, and they acted diligently upon discovery. The court exercised its discretion to grant the extension of time.
Source excerpt
The certificate of delay dated 17th January 2024 was properly procured from the Registrar of the High Court, and only documents formally obtained from the Registrar constitute the valid record of appeal. The appeal was lodged within the statutory 60-day period from the date the complete documents were formally supplied, rendering the preliminary objections meritless.
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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 excerpt
The Court of Appeal overruled TANROADS’ case-management objections, holding the refiling after withdrawal was proper and the challenge to the Deputy Registrar’s order was procedurally misdirected.
The Court of Appeal held that no leave was needed for the appeal, discarded one ground as not separately appealed, and allowed a supplementary record.
The Court of Appeal at Zanzibar overruled preliminary objections challenging the appeal record, holding the defects were curable and did not make the appeal incompetent.
The absence of the charge sheet, a mandatory document, renders the record of appeal incomplete and necessitates adjournment of the hearing until a supplementary record is provided.
Source excerpt
The Court held that the pleadings in Commercial Case No. 128 of 2021 and the notices of arbitration are necessary for the proper determination of the appeal, especially as they are referenced in the grounds of appeal and the High Court's ruling. The omission can be rectified by filing a supplementary record of appeal rather than striking out the appeal.
Source excerpt
The Court of Appeal allowed the appellant to file a supplementary record of appeal after finding the record incomplete for omitting drawn orders required by the rules.
The Court of Appeal struck out a bank's appeal for failure to serve the notice of appeal, holding the defect fatal. Omission of exhibits was curable.
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