20090507 TZCA Dar es Salaam

20090507 TZCA Dar es Salaam

The application to strike out the notice of appeal was premature because the sixty-day period for instituting the appeal had not expired at the time the application was filed, as the respondent had only just been supplied with the necessary documents and a certificate of delay was issued.

Citation
20090507 TZCA Dar es Salaam
Parties
Applicant: Amiri Mlugu; Respondent: Hidaya Ally
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 May 2009
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Outcome
application dismissed with costs
Legal Topics
Notice of Appeal, Certificate of Delay, Time Limitation, Striking Out Applications
Source Language
English
Civil Procedure Notice of Appeal Certificate of Delay Time Limitation Striking Out Applications

Case Brief

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Parties

Amiri Mlugu

Applicant

Hidaya Ally

Respondent

Procedural Posture

Civil Application / Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether the notice of appeal should be struck out for failure to take an essential step in instituting the intended appeal within the prescribed time

Ratio Decidendi

The application to strike out the notice of appeal was premature because the sixty-day period for instituting the appeal had not expired at the time the application was filed, as the respondent had only just been supplied with the necessary documents and a certificate of delay was issued.

Court Disposition

application dismissed with costs

Orders

  • application dismissed
  • costs awarded to respondent