20150218 TZCA Bukoba

20150218 TZCA Bukoba

A notice of appeal that is not followed by institution of appeal within the prescribed period is deemed withdrawn under Rule 91(a) and ceases to exist; therefore, an application to strike out such a notice is misconceived.

Source-derived case information.

Citation
20150218 TZCA Bukoba
Parties
Applicant: Athanas Simon; Respondent: Kabanga Nickel Co. Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 February 2015
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application struck out
Legal Topics
Notice of Appeal, Withdrawal of Appeal, Costs, Statutory Interpretation
Source Language
english
Civil Procedure Notice of Appeal Withdrawal of Appeal Costs Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Athanas Simon

Applicant

Kabanga Nickel Co. Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the notice of appeal can be struck out when it is deemed withdrawn under Rule 91(a)
  2. 2 Entitlement to costs after deemed withdrawal of notice of appeal

Ratio Decidendi

A notice of appeal that is not followed by institution of appeal within the prescribed period is deemed withdrawn under Rule 91(a) and ceases to exist; therefore, an application to strike out such a notice is misconceived.

Court Disposition

Application struck out

Orders

  • Each party to bear its own costs