Tanzania Judgment

TZCA

19830725 TZCA Dar es Salaam

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The notice of appeal is deemed withdrawn due to failure to copy the application for proceedings to the other party as required by procedural rules.

Court disposition

notice of appeal deemed withdrawn

Orders

  • Notice of Appeal given on 17/6/81 is deemed withdrawn under Rule 84(a) of the Tanzania Court of Appeal Rules, 1979.

02

Material facts

Parties

Barhe Marmo

Appellant Counsel: Mr. Musei

Marmo Barhe

Respondent

Nganga Barhe

Respondent

03

Procedural history

  1. Posture

    Civil Appeal / Order on Notice to Show Cause Regarding Withdrawal of Notice of Appeal

04

Questions and positions

Legal issues

Whether the notice of appeal should be deemed withdrawn for failure to comply with procedural requirements

Party arguments

Applicant
The intended appellant applied for a copy of proceedings for appeal purposes but did not copy the application to the other party.
Respondent
No argument from respondents recorded.

05

Court’s reasoning

  1. 01

    Rule 84(a) of the Tanzania Court of Appeal Rules, 1979

    A notice of appeal may be deemed withdrawn if procedural requirements, such as copying applications to the other party, are not met.

06

Ratio, limits and disposition

Ratio decidendi

The notice of appeal is deemed withdrawn due to failure to copy the application for proceedings to the other party as required by procedural rules.

Court disposition

notice of appeal deemed withdrawn

  • Notice of Appeal given on 17/6/81 is deemed withdrawn under Rule 84(a) of the Tanzania Court of Appeal Rules, 1979.

Source and reliance status

TZCA · 25 July 1983

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Judgment reading view

Judgment text

The complete available source text.

Source document

TZCA

Judgment· 25 July 1983

19830725 TZCA Dar es Salaam

..... ( . '--.. IN THE COURT OF APPEAL OF T/,NZANIA

AT ARUSHA .Yl,..:£.HE MJ-.TTER OF AN INTENDED APPEAL COURT OF APPEAL SERIAL NO~~-OF 1983 BARHE MARMO ••••••••_•••••• o • • • • • ., • • • • • • • • APP ELLA.NT and l . MARMO BARHE -) 2e ~tJ\GANGA BARHE)ooooooooooooooooooooooRESPONDENTS (Appeal from the decis_ion of the High Court of Tanzania at Arusha) (Jo Ao MROSSO, J.) dated the 26th day of March 1980 in {PC) ,civil Appeal No. 122 of 1974_ Between MARMO BARHE oooooonoooooooooooooooooooooAPPELLANT and

ORDER NYALALI %, _c_~,!.:,. This is a matter of Notice to show Cause why the Notice of Appeal given to this Court on 17/6/81 after judgement was delivered by the High Court on 26/3/80., copy of proceedings for purposes of appeal to this court was applied for in writing on the 26/,/81 without the application being copied to the other partyo In the light of these facts and upon hearing Mr. Musei, 1,dvocate for the intended appellant, i t is hereby directed that the Notice of Appeal be deemed withdrawn under Rule 84 (a) ~~~he Tanzania Court of Appeal Rules, 1979. /- ./ /1 . (_ ~,/' ... ,. '\.~:-:·--~ . ,•' , I r'F-. L. Nyalali) 2~rEF:31sTrc~ AT ARUSHA: 25/7/83 _/ ~---- 1! / -- 1

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Authorities

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Cases, legislation, regulations, and constitutional provisions identified in the available record.

Tanzania Court of Appeal Rules, 1979

Legislation

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