The Appellant, AAR Insurance (T) Ltd was sued in the High Court of Tanzania (Commercial Division) by the Respondent for a breach of contract. Judgment was entered against the Appellant, hence this appeal. Before the appeal came for hearing, Mr. Julius Mushobozi learned Counsel for the Respondent, raised a number of preliminary points of objection. However, after a short dialogue with the Court, save one, he withdrew the rest. The one which remained runs as follows: That the Appellant has failed to number some of the documents in the record of appeal as required by rule 12(4) of the Court of Appeal Rules, 2009. On the grounds of appeal, it was submitted that the three witnesses in the Appellant’s case filed six “intended” exhibits; whereas the Respondent filed ten “intended” exhibits. But these “intended” exhibits were not formally tendered in court, though they were referred to in the proceedings and judgment as exhibits but rule 48(1)(d) of the Commercial Court Rules, does not provide on how the documents are to be admitted in court and, if so, whether they were automatically admitted in court. If so whether they were automatically admitted in court.

