19830725 TZCA Dar es Salaam
- Citation
- 19830725 TZCA Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZCA
- Decision
- 25 July 1983
- Posture
- Civil Appeal / Order on Notice to Show Cause Regarding Withdrawal of Notice of Appeal
- Language
- English
More details
- Court
- TZCA
- Decision
- 25 July 1983
- Posture
- Civil Appeal / Order on Notice to Show Cause Regarding Withdrawal of Notice of Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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The notice of appeal is deemed withdrawn due to failure to copy the application for proceedings to the other party as required by procedural rules.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notice of appeal deemed withdrawn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- Notice of Appeal given on 17/6/81 is deemed withdrawn under Rule 84(a) of the Tanzania Court of Appeal Rules, 1979.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. MuseiMarmo Barhe
RespondentNganga Barhe
Respondent03
Procedural history
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Whether the notice of appeal should be deemed withdrawn for failure to comply with procedural requirements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
Legal principles
- 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A notice of appeal may be deemed withdrawn if procedural requirements, such as copying applications to the other party, are not met.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The notice of appeal is deemed withdrawn due to failure to copy the application for proceedings to the other party as required by procedural rules.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notice of appeal deemed withdrawn
- Notice of Appeal given on 17/6/81 is deemed withdrawn under Rule 84(a) of the Tanzania Court of Appeal Rules, 1979.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.
TZCA
Judgment· 25 July 1983
..... ( . '--.. 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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