charles masune vs juma mare 2019 tzca 325 30 september 2019
The respondent's failure to lodge the record of appeal and accompanying documents within sixty days, without a certificate of delay, was fatal and deemed the notice of appeal withdrawn, justifying striking out the notice with costs.
- Citation
- charles masune vs juma mare 2019 tzca 325 30 september 2019
- Parties
- Applicant: Charles Masune; Respondent: Juma Mare
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2019
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application granted
- Legal Topics
- Notice of Appeal, Striking Out Proceedings, Failure to Take Essential Steps
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Masune
Applicant
Juma Mare
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the respondent failed to take essential steps in prosecuting the appeal, warranting striking out of the notice of appeal
Ratio Decidendi
The respondent's failure to lodge the record of appeal and accompanying documents within sixty days, without a certificate of delay, was fatal and deemed the notice of appeal withdrawn, justifying striking out the notice with costs.
Court Disposition
application granted
Orders
- The respondent's notice of appeal is struck out with costs.
Full Case Text
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