| dc.description | KARIAKOO AUCTION MART V. MASHAKA DYANGA, JUMA S. SAMBA, ABDULWAHAB HAMZA, NASSORO SAID, MOHAMED MMANDE, SIASA MOHAMED, RAMADHANI J. YAGGA, ABDUL S. DUNDA IN THE COURT OF APPEAL OF TANZANIA – DAR ES SALAAM MWARIJA. J.A. SEHEL. J.A. and FIKIRINI, J.A. 14th & 28th June, 2022
CIVIL APPEAL NO. 234 OF 2019
(An Appeal from the judgement and decree of the High Court of Tanzania at Dar es Salaam District Registry in Civil Case No.86 of 2088 dated 26th February,2016 by Hon. Mwandambo, J)
Facts
This application emanates from, the facts that, the Respondent sued the Applicant for damages in Civil Case No.86/2008 after the later terminated their share holding and participation in the Appellant’s company activities. Dissatisfied the Appellant appealed to this Court. Before embarking on the grounds of appeal the Appellant’s Council made two prayers which were later on granted.
For the Applicant: Mr. Edward Peter Chuwa and Miss Anna Lugendo
For the Respondent: Mr. Godfrey Ukongwa
Legal Issue
i. Whether evidence can be taken at the appellate stage?
ii. Whether grounds of appeal can be added at the appellate stage?
Held
i) Evidence may be taken in the appellate stage upon the set prerequisites that one, there is an existence of an appeal before this court, two, the appeal must stem from High Court exercising its original jurisdiction and three, in exercising its discretion, this court must be furnished with sufficient reasons to allow it to decide the way or the other and also decide whether it is the court or the High Court which should take additional evidence.
ii) Justice demands that parties be heard and the avenue is availed under rule 113 (1) of the rules.
Appeal – Taking of additional evidence- prerequisites for taking additional evidence- Whether evidence can be taken at the appellate stage?
Appeal- Grounds of Appeal- Addition of grounds- Whether grounds of appeal can be added at the appellate stage?
Statutory Provisions referred:
Rule 36(1) (b) and 2, 113(1) The Tanzania Court of Appeal Rules 2009, as amended
Case Law:
Hashi Energy (T) Limited vs. Khamis MAganga, Civil Application No.200/16 of 2020 (unreported)
Jamaat Ansaar Sunna vs The Registered Trustees of of Umoja wa Vijana Chama cha Mapinduzi, Civil Application No. 46 of 1996 (unreported)
Mbeya-Rukwa Auto-Parts and Transport Ltd vs. Jestina George Mwakyoma (2003) TLR 251
Hamisi Rajabu vs. R (2004) TLR 181
Abbas Sherally & Another vs. Abdul S.H.M. Fazalboy, Civil Application No.33/2002 (unreported)
African Barrick Gold PLC vs.Commissioner General (TRA), Civil Application No.177/20 of 2019 (unreported) | en_US |
| dc.description.abstract | i)Evidence may be taken in the appellate stage upon the set prerequisites that one, there is an existence of an appeal before this court, two, the appeal must stem from High Court exercising its original jurisdiction and three, in exercising its discretion, this court must be furnished with sufficient reasons to allow it to decide the way or the other and also decide whether it is the court or the High Court which should take additional evidence.
ii)Justice demands that parties be heard and the avenue is availed under rule 113 (1) of the rules | en_US |
