THE Court of Appeal yesterday rejected an appeal by 54 Temeke residents for about 600m/- payment over a disputed land reserved for construction of school, community centre and packing lot.
A panel led by Acting Chief Justice Ibrahim Juma, Justices Au gustine Mwarija and Jacobs Mwambegela dismissed the appeal as incompetent due to omission of some exhibits, which were tendered in evidence during the trial at the High Court.
The exhibits include the notice of intention to sue and the list of the other 54 plaintiffs on whose behalf, Mangenyule Irumbila and Selemani Nassoro had filed the suit. The omission, the justices ruled, contravened the Tanzania Court of Appeal Rules.
They argued that from the wording of Rule 96 (1) (f), it was mandatory to have all documents which were put in evidence at the trial contained in the record of appeals and that the documents include exhibits tendered in evidence.