20121212 TZCA Zanzibar

20121212 TZCA Zanzibar

Failure to serve the respondent personally with the memorandum and record of appeal as required by Rule 97(1) of the Court of Appeal Rules, 2009 is a mandatory procedural step; non-compliance renders the appeal incompetent and subject to being struck out.

Citation
20121212 TZCA Zanzibar
Parties
Appellant: Bi. Asha Seif; Appellant: Bi. Zuviliena Seif; Respondent: Randeet Gokal Daivji
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 December 2012
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Service of Process, Appeal Procedure, Non Compliance With Procedural Rules
Source Language
English
Civil Procedure Service of Process Appeal Procedure Non Compliance With Procedural Rules

Case Brief

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Parties

Bi. Asha Seif

Appellant

Bi. Zuviliena Seif

Appellant

Randeet Gokal Daivji

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to serve the respondent personally with the memorandum and record of appeal renders the appeal incompetent

Ratio Decidendi

Failure to serve the respondent personally with the memorandum and record of appeal as required by Rule 97(1) of the Court of Appeal Rules, 2009 is a mandatory procedural step; non-compliance renders the appeal incompetent and subject to being struck out.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out with costs.