This Ruling is on the preliminary objection raised by the
Respondent in the appeal before the Court. In the appeal, the Appellant is
aggrieved by the decision of the High Court, Commercial Division at Dar es
Salaam in Misc. Commercial Cause No. 183 of 2018 arising from Commercial Case
No. 94 of 2018 and Misc. Commercial Application No. 171 of 2018. The Notice of
preliminary objection lodged by the Respondent alludes to one ground of
objection that: the Appeal is bad and incompetent for being supported by an
incurably defective record of appeal. Relief sought by the Respondent is for
the appeal to be struck out with costs.
The Appellant’s counsel conceded to the preliminary objection
raised by the Respondent’s counsel, but disputed the consequence thereto. The
counsel implored the Court to consider the import of rule 2 of the Rules, as
amended by GN 334 of 2019 and apply the principles therein in the matter before
the Court and thus apply rule 96(7) of the Rules and grant leave for the
Appellant to file supplementary records as prayed.