CIVIL APPEAL NO

CIVIL APPEAL NO

The appellants' failure to serve the notice of appeal on the 2nd, 4th, and 5th respondents without obtaining a court order excusing such service contravened Rule 84(1) of the Tanzania Court of Appeal Rules, 2009, rendering the appeal incompetent and necessitating its striking out.

Citation
CIVIL APPEAL NO
Parties
1st Appellant: Mished Chunilal Kotak; 2nd Appellant: Shailesh Chunilal Kotak; 1st Respondent: Asile Ally Said; 2nd Respondent: Theodica Msele; 3rd Respondent: Yono Auction Mart & Co Ltd; 4th Respondent: Ibrahim Kassamali; 5th Respondent: Amiri Kassamali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Appeal struck out as incompetent with costs to the 1st respondent.
Legal Topics
Service of Notice of Appeal, Certificate of Delay, Time Limitation, Competence of Appeal
Source Language
English
Civil Procedure Land Law Service of Notice of Appeal Certificate of Delay Time Limitation Competence of Appeal

Case Brief

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Parties

Mished Chunilal Kotak

1st Appellant

Shailesh Chunilal Kotak

2nd Appellant

Asile Ally Said

1st Respondent

Theodica Msele

2nd Respondent

Yono Auction Mart & Co Ltd

3rd Respondent

Ibrahim Kassamali

4th Respondent

Amiri Kassamali

5th Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to serve notice of appeal and letter requesting documents on all respondents renders the appeal incompetent
  2. 2 Whether the Certificate(s) of Delay were valid for exclusion of time under the Rules

Ratio Decidendi

The appellants' failure to serve the notice of appeal on the 2nd, 4th, and 5th respondents without obtaining a court order excusing such service contravened Rule 84(1) of the Tanzania Court of Appeal Rules, 2009, rendering the appeal incompetent and necessitating its striking out.

Court Disposition

Appeal struck out as incompetent with costs to the 1st respondent.

Orders

  • Appeal is struck out for incompetence due to failure to serve notice of appeal on all necessary parties.
  • Costs awarded to the 1st respondent.