Mining Agriculture & Construction Services Ltd versus Palemon Construction Ltd

Mining Agriculture & Construction Services Ltd versus Palemon Construction Ltd; Civil Appeal No 79 of 2014: Court of Appeal of Tanzania at Mwanza (Unreported).

• Court of Appeal Rules.

• Record of appeal – some essential documents such as judgment, exhibits etc are omitted from record of appeal – effect.

Held:-

An appeal is bad and incompetent for contravening the mandatory provisions of Rule 96(d), (f) and (g) of the Rules if essential documents for the determination of the appeal are omitted. The only exception is where there is an order from a Justice or Registrar for the exclusion of those documents in terms of Rule 96(3) of the Rules.