Bank of Baroda (T) Ltd and Another vs Pulses and Agro Commodities (T) Ltd (Civil Appeal No. 32 of 2016) [2016] TZCA 32 (18 October 2016)
Judgment
Bank of Baroda (T) Ltd and Another vs Pulses and Agro Commodities (T) Ltd (Civil Appeal No. 32 of 2016) [2016] TZCA 32 (18 October 2016)
Share this document on WhatsApp opens in new tab __ Share this document on X opens in new tab __ Share this document on Facebook opens in new tab __ Share this document on LinkedIn opens in new tab __ Share this document by email __
__Save
Report a problem
Is there something wrong with this document?
Problem category *Incorrect informationMissing informationNo PDF downloadDocument is emptyDocument is not accessible on my deviceOther
What's the problem? *
Your email address *
CancelReport problem
__
- Share
- Download PDF (235.6 KB)
- Report a problem
__
Bank of Baroda (T) Ltd and Another vs Pulses and Agro Commodities (T) Ltd (Civil Appeal No. 32 of 2016) [2016] TZCA 32 (18 October 2016)
Copy citation __Save
- __Document detail
- __Related documents
Citation Bank of Baroda (T) Ltd and Another vs Pulses and Agro Commodities (T) Ltd (Civil Appeal No. 32 of 2016) [2016] TZCA 32 (18 October 2016) Copy Media Neutral Citation [2016] TZCA 32 Copy Court Court of Appeal of Tanzania Court registry Court of Appeal Arusha Registry Case number Civil Appeal No. 32 of 2016 Judges Mjasiri, J.A., Juma, J.A., Mussa, J.A. Judgment date 18 October 2016 Language English
Summary
An incomplete record of appeal contravening Rule 96(1)(d) renders an appeal incompetent and warrants striking out.
Flynote
- Civil procedure
- — Appeal record — Non-inclusion renders appeal incompetent and liable to be struck out — Rule 96(1)(d) of the Tanzania Court of Appeal Rules, 2009
- — striking out appeal — Suo motu striking out for failure to annex decree — Costs: discretion to make no order
Read full summary
Unlock this feature
Sign up to save documents, read summaries and access more features.
Already have an account? Log in.
__
Ask AI
Ask questions and understand this document faster using AI.
__Ask AI
Skip to document content
IN THE COURT OF APPEAL OF TANZANIA
AT ARUSHA
CIVIL APPEAL NO. 32 OF 2016 1. BANK OF BARODA (T) LTD MR. CHARLES RWECHUNGURA - RECEIVER/MANAGER...................APPELLANTS
2. PULSES AND AGRO COMMOD TIES (T) LTD
VERSUS
PULSES AND AGRO COMMODITIES (T) LTD ........................ RESPONDENT
(Arising from the decision of the High Court of Tanzania at Arusha)
(Moshi,J.)
dated the 23rd day of April,2015
in
Civil Case No. 24 of 2014
ORDER OF THE COURT
MUSSA, J.A.:
When this appeal was called on for hearing today, the appellants were represented by Mr. Cyril Pesha, learned Advocate, whereas the respondent had the services of Mr. Omar Iddi Omar, also learned Advocate.
At the prompting of the Court, Mr. Pesha readily conceded that the record of appeal is incomplete in that page 7 to 10 of the High Court typed proceedings are missing. In the circumstances he prayed that the appeal be struck out for incompetence. To this concession, Mr. Omar had no objection.
In view of the fact that part of the High Court proceedings are missing, the record of appeal is indeed incomplete and contravenes Rule 96 (1) (d) of the Tanzania Court of Appeal Rules, 2009 (the Rules).In the result, this appeal is incompetent and the same is, accordingly, struck out. Since the shortcoming was raised by the court _suo motu, _we give no order as to costs.
**DATED at ARUSHA **this 18th day of October, 2016
S. MJASIRI
JUSTICE OF APPEAL
K. M. MUSSA
JUSTICE OF APPEAL
I. H. JUMA
JUSTICE OF APPEAL
I certify that this is a true copy of the original.
B. R. NYAKI
DEPUTY REGISTRAR
COURT OF APPEAL
__Related documents
More documents like this one
__Suggestions generated by AI.
Unlock this feature
Sign up to save documents, read summaries and access more features.
Already have an account? Log in.
▲ To the top