20060404 TZCA Dar es Salaam3

20060404 TZCA Dar es Salaam3

The application is incompetent for failure to comply with the mandatory requirement to annex a copy of the order sought to be appealed against, and dismissal for want of prosecution is not equivalent to a refusal on the merits as required by Rule 43(b).

Citation
20060404 TZCA Dar es Salaam3
Parties
Applicant: Amini David Mlanga; 1st Respondent: Timber Impregnation Ltd; 2nd Respondent: The Commissioner for Lands; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 April 2006
Procedural Posture
Civil Application / Application for Leave to Appeal to Court of Appeal
Outcome
Application struck out with costs
Legal Topics
Leave to Appeal, Time Barred Actions, Procedural Compliance
Source Language
English
Civil Procedure Appellate Practice Leave to Appeal Time Barred Actions Procedural Compliance

Case Brief

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Parties

Amini David Mlanga

Applicant

Timber Impregnation Ltd

1st Respondent

The Commissioner for Lands

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether failure to annex a copy of the order sought to be appealed against renders the application incompetent
  2. 2 Whether dismissal for want of prosecution is equivalent to refusal under Rule 43(b) of the Court of Appeal Rules

Ratio Decidendi

The application is incompetent for failure to comply with the mandatory requirement to annex a copy of the order sought to be appealed against, and dismissal for want of prosecution is not equivalent to a refusal on the merits as required by Rule 43(b).

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.