20180918 TZCA Dar es Salaam 1

20180918 TZCA Dar es Salaam 1

The respondent took all essential steps required after the first appeal was struck out, including applying for extension of time, lodging a fresh notice of appeal, and requesting necessary documents. Any prior procedural defects were cured by the extension of time. The respondent cannot be blamed for delays in obtaining documents from the High Court. The application to strike out the notice of appeal is without merit.

Citation
20180918 TZCA Dar es Salaam 1
Parties
Applicant: Interbest Investment Company Limited; Respondent: Standard Chartered Bank (T) Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 September 2018
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Striking Out Notice of Appeal, Essential Steps in Appeal, Extension of Time, Service of Documents
Source Language
English
Civil Procedure Appellate Practice Striking Out Notice of Appeal Essential Steps in Appeal Extension of Time Service of Documents

Case Brief

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Parties

Interbest Investment Company Limited

Applicant

Standard Chartered Bank (T) Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the respondent failed to take essential steps to institute the appeal, warranting striking out the notice of appeal

Ratio Decidendi

The respondent took all essential steps required after the first appeal was struck out, including applying for extension of time, lodging a fresh notice of appeal, and requesting necessary documents. Any prior procedural defects were cured by the extension of time. The respondent cannot be blamed for delays in obtaining documents from the High Court. The application to strike out the notice of appeal is without merit.

Court Disposition

Application dismissed with costs

Orders

  • The application to strike out the notice of appeal is dismissed with costs.