20031121 TZCA Dar es Salaam

20031121 TZCA Dar es Salaam

The respondent's appeal was against a decision made under the Arbitration Ordinance, not the Civil Procedure Code, and thus fell under Section 5(1)(c) of the Appellate Jurisdiction Act, 1979, requiring leave to appeal. As no leave was sought or obtained, the appeal and notice of appeal were incompetent and must be struck out.

Citation
20031121 TZCA Dar es Salaam
Parties
Applicant: Blueline Enterprises Limited; Respondent: East African Development Bank
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 November 2003
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal and Appeal
Outcome
Application allowed. Respondent's appeal and notice of appeal struck out as incompetent.
Legal Topics
Leave to Appeal, Competency of Appeal, Arbitration Award, Appellate Jurisdiction
Source Language
English
Civil Procedure Arbitration Leave to Appeal Competency of Appeal Arbitration Award Appellate Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Blueline Enterprises Limited

Applicant

East African Development Bank

Respondent

Procedural Posture

Civil Application / Ruling on Application to Strike Out Notice of Appeal and Appeal

Legal Issues

  1. 1 Whether the respondent's appeal required leave of the High Court or Court of Appeal under Section 5(1)(c) of the Appellate Jurisdiction Act, 1979
  2. 2 Whether failure to obtain such leave rendered the appeal incompetent

Ratio Decidendi

The respondent's appeal was against a decision made under the Arbitration Ordinance, not the Civil Procedure Code, and thus fell under Section 5(1)(c) of the Appellate Jurisdiction Act, 1979, requiring leave to appeal. As no leave was sought or obtained, the appeal and notice of appeal were incompetent and must be struck out.

Court Disposition

Application allowed. Respondent's appeal and notice of appeal struck out as incompetent.

Orders

  • Civil Appeal No. 83 of 2003 struck out.
  • Notice of appeal struck out.