The Appellant was the plaintiff in Civil Case No. 85 of 2014 in the High Court of Tanzania wherein, he contended that the Respondents had trespassed onto his landed property comprised on Plot No. 222 Block ‘DD’ Sakina Area within the City of Arusha. The court however held that the suit property was legally sold to the fourth Respondent. The Appellant felt aggrieved by the decision of the trial Court and hence, preferred this appeal to the Court premised on ten grounds of appeal.
The Respondent filed a preliminary objection, arguing that the appeal was hopelessly time barred as the certificate of delay at page 388 of the record of appeal, was misleading and problematic thus incurably defective. It also stated that the appeal was supported by incomplete and erroneous record of appeal and was therefore incompetent. The Appellant argued that the documents left out were not crucial for determination of the appeal.