Kisanga Tumainiel versus Frank Pieper and Another

Kisanga Tumainiel versus Frank Pieper and Another; Civil Appeal Case No.139 of 2008; Court of Appeal of Tanzania at Dar es Salaam (Unreported).

• Civil Procedure

• Issues – a judge adjudicates a new matter in appeal – whether proper.

Held:-

A party cannot take up new plea or new contention in appeal unless, it is pleaded in the plaint or written statement of defence.