19950831 TZCA Dar es Salaam

The intended appeal is incompetent as it was not lodged within sixty days of the date when the notice of appeal was lodged, as required by Rule 83 of the Court of Appeal Rules.

Citation: 19950831 TZCA Dar es Salaam
Parties: Applicant: Ally Rajab; Respondent: Hadija Kasimu; Respondent: Mfaume Kasimu
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 31 August 1995
Procedural Posture: Civil Application / Application for Striking Out Notice of Appeal
Outcome: application allowed
Legal Topics: Appeals, Striking Out Notice of Appeal, Time Limits for Filing Appeal
Source Language: English

Civil Procedure Appeals Striking Out Notice of Appeal Time Limits for Filing Appeal

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Parties

Ally Rajab

Applicant

Hadija Kasimu

Respondent

Mfaume Kasimu

Respondent

Procedural Posture

Civil Application / Application for Striking Out Notice of Appeal

Legal Issues

1 Whether the appeal is properly before the Court given the memorandum of appeal was filed after the expiry of sixty days from the notice of appeal

Ratio Decidendi

The intended appeal is incompetent as it was not lodged within sixty days of the date when the notice of appeal was lodged, as required by Rule 83 of the Court of Appeal Rules.

Court Disposition

application allowed

Orders

The intended appeal is struck out as incompetent with costs.
The respondents to be assisted by the registry to lodge their appeal in accordance with the rules.