african medical and research foundation vs anna francis emmanuel and another 2023 tzca 238 10 may 2023

african medical and research foundation vs anna francis emmanuel and another 2023 tzca 238 10 may 2023

Respondents failed to comply with rule 90(1) by not applying for certified copies of proceedings within 30 days and not serving a copy on the applicant, rendering the notice of appeal worthless and warranting striking out.

Source-derived case information.

Citation
african medical and research foundation vs anna francis emmanuel and another 2023 tzca 238 10 may 2023
Parties
Applicant: African Medical and Research Foundation; 1st Respondent: Anna Francis Emmanuel; 2nd Respondent: Angelina Francis Emmanuel
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 May 2023
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application granted; notice of appeal struck out; costs awarded to applicant.
Legal Topics
Appeals, Striking Out Notice of Appeal, Compliance With Procedural Rules
Source Language
english
Civil Procedure Appeals Striking Out Notice of Appeal Compliance With Procedural Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

African Medical and Research Foundation

Applicant

Anna Francis Emmanuel

1st Respondent

Angelina Francis Emmanuel

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the respondents failed to take essential steps towards instituting an appeal as required by the Court of Appeal Rules
  2. 2 Whether the notice of appeal should be struck out for non-compliance with rule 90(1)

Ratio Decidendi

Respondents failed to comply with rule 90(1) by not applying for certified copies of proceedings within 30 days and not serving a copy on the applicant, rendering the notice of appeal worthless and warranting striking out.

Court Disposition

Application granted; notice of appeal struck out; costs awarded to applicant.

Orders

  • Notice of appeal lodged on 18/09/2017 struck out
  • Applicant awarded costs of the application