anna daniel komba vs brown kamwela another 2018 tzhclandd 25 27 february 2018

anna daniel komba vs brown kamwela another 2018 tzhclandd 25 27 february 2018

Since there is no court order striking out or marking the notice of appeal withdrawn, the notice of appeal remains on record, and the application is incompetent for want of jurisdiction.

Citation
anna daniel komba vs brown kamwela another 2018 tzhclandd 25 27 february 2018
Parties
Applicant: Anna Daniel Komba; 1st Respondent: Brown Kamwela; 2nd Respondent: Judika Uroki
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 February 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Jurisdiction, Notice of Appeal, Withdrawal of Appeal, Extension of Time
Source Language
English
Civil Procedure Land Law Jurisdiction Notice of Appeal Withdrawal of Appeal Extension of Time

Case Brief

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Parties

Anna Daniel Komba

Applicant

Brown Kamwela

1st Respondent

Judika Uroki

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain the application given the pending notice of appeal
  2. 2 Effect of failure to lodge appeal within prescribed time after filing notice of appeal

Ratio Decidendi

Since there is no court order striking out or marking the notice of appeal withdrawn, the notice of appeal remains on record, and the application is incompetent for want of jurisdiction.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out with costs.