20180911 TZCA Dar es Salaam 1

20180911 TZCA Dar es Salaam 1

The application was incompetent due to non-citation of the proper enabling provision (Rule 89(2)), as required by Rule 48(1) of the Tanzania Court of Appeal Rules. Relief for striking out a notice of appeal cannot be maintained under Rule 91(a).

Citation
20180911 TZCA Dar es Salaam 1
Parties
First Applicant: Majura Magafu; Second Applicant: Peter Swai; First Respondent: The Managing Editor, Majira Newspaper; Second Respondent: Business Times Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 September 2018
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application struck out for incompetence
Legal Topics
Notice of Appeal, Striking Out Applications, Non Citation of Enabling Provisions, Appellate Procedure
Source Language
English
Civil Procedure Notice of Appeal Striking Out Applications Non Citation of Enabling Provisions Appellate Procedure

Case Brief

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Parties

Majura Magafu

First Applicant

Peter Swai

Second Applicant

The Managing Editor, Majira Newspaper

First Respondent

Business Times Limited

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application to strike out the notice of appeal was competent given the non-citation of proper enabling provisions

Ratio Decidendi

The application was incompetent due to non-citation of the proper enabling provision (Rule 89(2)), as required by Rule 48(1) of the Tanzania Court of Appeal Rules. Relief for striking out a notice of appeal cannot be maintained under Rule 91(a).

Court Disposition

Application struck out for incompetence

Orders

  • Matter struck out for incompetence
  • No order as to costs