Bharya Engineering and Contracting Company v Nassor (Order of the Court) (Civil Appeal No. 148 of 2015) [2016] TZCA 10; (16 October 2016);

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IN THE COURT OF APPEAL OF TANZANIA

AT TABORA

(CORAM: MBAROUK, J.A., LUANDA, J.A. And MZIRAY, J.A.)

CIVIL APPEAL NO. 148 OF 2015

BHARYA ENGINEERING AND CONTRACTING COMPANY ........................................................... APPELLANT

VERSUS

HAMOUD AHMED NASSOR .......................................................... RESPONDENT

(Appeal from the decision of the High Court of Tanzania at Tabora )

(Mgonya, J.)

dated the 15th day of September, 2015

in

Civil Case No. 4 of 2013

ORDER OF THE COURT

MZIRAY, J.A.:

This appeal is fixed for hearing today. The appellant is being 'represented by Mr. George Mushumba, learned Advocate and the respondent enjoys the services of Mr. Mugaya Mtaki assisted by Mr. Yassin Member, learned Advocates.

When the appeal was called on for hearing, Mr. Mtaki, learned advocate informed the Court that on 5/4/2016 they filed a Notice of Preliminary Objection containing two grounds namely:

1.  That the Notice of Appeal is defective as it contains different names of parties from names appearing in the judgment of the Court.

2.   That the record of appeal is incomplete as it does not contain the written submission filed by the appellant and the respondent before the High Court and in addition to that the additional list of documents relied upon by the respondents are not within the record.

On those points he prayed for the preliminary objection be upheld with costs.

Mr. George Mushumba did not want to waste the precious time of the Court. He readily conceded to the points of law raised but on costs he pleaded with the Court that they should be waived.

On our part we find that the two points of law raised are meritorious. Accordingly we uphold the preliminary objection rasied and strike out this appeal with costs.

DATED at TABORA this 17th day of October, 2016.

M.S. MBAROUK

JUSTICE OF APPEAL

B.M. LUANDA

JUSTICE OF APPEAL

R.E.S. MZIRAY

JUSTICE OF APPEAL

I certify that this is a true copy of the original

E.F. FUSSI

DEPUTY REGISTRAR

COURT OF APPEAL