The Appellant was found by the trial court to be responsible for the loss of business opportunities which the Respondents in this appeal suffered. Aggrieved by the decision of the trial court they filed for an appeal. The Respondents on the other hand filed a Notice under rule 100 (1) of the Rules containing grounds by which they urged the Court to affirm the decision of the trial High Court on other grounds, other than those grounds which the trial court had relied on in its decision. Further, the Respondents filed three sets of preliminary objections, seeking to strike out the appeal altogether. They argued that the Respondents urged the Court to strike out the appeal on the ground that the notice of appeal was defective for wrong citation, or alternatively, for citation of non-existing provisions of the Tanzania Court of Appeal Rules, 2009. They also argued that the Record of Appeal was incomplete and therefore incurably defective for lack of the certificate as to the correctness of the record of appeal.

