Kibo Corridor Limited vs Ravji Investments Company Limited (Civil Application No. 322/05 of 2022) [2022] TZCA 3081 (26 September 2022)

KIBO CORRIDOR LIMITED v. RAVJI INVESTMENTS COMPANY LIMITED COURT OF APPEAL OF TANZANIA AT MOSHI ( CORAM: JUMA, CJ, NDIKA AND KITUSI, JJ. A) CIVIL APPLICATION NO. 322/05 OF 2022 (Application from Judgment and Decree of the High Court of Tanzania, at Moshi, dated 5th day of November, 2018 in Land Case No. 09 of 2017.) Court of Appeal Rules - Amendment of Memorandum of Appeal – Whether the Court has the discretion to allow amendments to include additional grounds. This is an application to grant the applicant leave to amend the Memorandum of Appeal in Civil Appeal No. 307 of 2019 in terms of Rules 4(1) (2) and 111 of the Court of Appeal Rules, 2009 (the Rules). Applicant in his affidavit highlighted the fact that the in tended new grounds raise issue regarding the jurisdiction of the High Court from which Civil Appeal No. 307 of 2019 originates. Respondent filed an affidavit in reply and resisted the application. However, during prompting the learned advocate for the resp ondent conceded that the jurisdiction of the court may be raised at any time and further that an application of this nature could have been made informally. Held: (i) The Court held that g iven the tone of Rule 113 (1), of the Court of Appeal Rules , an application to argue additional grounds of appeal rarely provokes resistance especially when the ground is about the jurisdiction of the trial court. The a pplication was granted. Statutory provisions referred to: (i) The Court of Appeal Rules, 2009 under rules 4(1), (2), 111, 113(1).

Mr. Gwakisa Sambo, for the Applicant. Mr. Alex Mgongolwa, for the Respondent.