silas simba vs editor mfanyakazi newspaper and another 2002 tzca 17 22 august 2002

silas simba vs editor mfanyakazi newspaper and another 2002 tzca 17 22 august 2002

The court found that both respondents were served with copies of the notice of appeal and record of appeal, and that any mistakes in the affidavits or diary entries were genuine and not fatal. Therefore, the preliminary objection was dismissed.

Citation
silas simba vs editor mfanyakazi newspaper and another 2002 tzca 17 22 august 2002
Parties
Appellant: Bilas O. Mbao; Respondent: Editor Mfanyakazi Newspaper; Respondent: Mahamudi Mwinyi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 August 2002
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Prior to Hearing on Merits
Outcome
preliminary objection dismissed
Legal Topics
Service of Process, Preliminary Objection, Appeals Procedure
Source Language
English
Civil Procedure Service of Process Preliminary Objection Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Bilas O. Mbao

Appellant

Editor Mfanyakazi Newspaper

Respondent

Mahamudi Mwinyi

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Prior to Hearing on Merits

Legal Issues

  1. 1 Whether the appellant served the notice of appeal and record of appeal on the respondents as required by Rules 77(1) and 90(1) of the Court of Appeal Rules
  2. 2 Whether failure to serve such documents is fatal to the appeal

Ratio Decidendi

The court found that both respondents were served with copies of the notice of appeal and record of appeal, and that any mistakes in the affidavits or diary entries were genuine and not fatal. Therefore, the preliminary objection was dismissed.

Court Disposition

preliminary objection dismissed

Orders

  • The preliminary objection seeking to strike out the notice of appeal is dismissed with costs.
  • The appeal is to proceed to hearing on the merits.