20140923 TZCA Arusha
The notice of appeal was incurably defective as it did not bear the name and signature of the second appellant's legal representative, contravening Rule 83(1) and (6) and Form D of the Court of Appeal Rules.
- Citation
- 20140923 TZCA Arusha
- Parties
- Applicant: Awaki Shauri; Respondent: Christopher Gwambay; Respondent: Barnaba Daffi Slarhhi
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 September 2014
- Procedural Posture
- Civil Application / Ruling on Application to Strike Out Notice of Appeal
- Outcome
- notice of appeal struck out with costs to the applicant
- Legal Topics
- Notice of Appeal, Defective Notice, Essential Steps in Appeal, Signature Requirement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Awaki Shauri
Applicant
Christopher Gwambay
Respondent
Barnaba Daffi Slarhhi
Respondent
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the respondents failed to take essential steps in the appeal process within the prescribed time
- 2 Whether the notice of appeal is defective for lack of the second appellant's signature
Ratio Decidendi
The notice of appeal was incurably defective as it did not bear the name and signature of the second appellant's legal representative, contravening Rule 83(1) and (6) and Form D of the Court of Appeal Rules.
Court Disposition
notice of appeal struck out with costs to the applicant
Orders
- Notice of appeal struck out
- Costs awarded to the applicant
Full Case Text
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