This appeal originates from the decision of the High Court
of Tanzania (Commercial Division) at Mwanza which decided in favour of the
Respondent. Dissatisfied with the decision of the High Court, the Appellant appealed
to this Court. At the commencement of the hearing, the Court raised a legal
point as to the legality of the appeal before it, since some of the important
documents were missing in the record of appeal. However, Appellant implored the
Court to desist from striking out the appeal but proceed to revise part of the
proceedings and the judgment which is the subject of the appeal for being
tainted with an illegality resulted from the takeover of trial by one judge
from another without assigning reasons. Given the existence of the illegality
on the face of the record, the issue before the Court was whether it is proper
to allow the appeal.