charles masune vs juma mare 2019 tzca 646 30 september 2019
The respondent's failure to lodge the record of appeal and other required documents within sixty days, without a certificate of delay, is fatal and warrants striking out the notice of appeal.
Source-derived case information.
- Citation
- charles masune vs juma mare 2019 tzca 646 30 september 2019
- Parties
- Applicant: Charles Masune; Respondent: Juma Mare
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2019
- Procedural Posture
- Civil Application / Ruling on Application to Strike Out Notice of Appeal
- Outcome
- Application granted; notice of appeal struck out with costs.
- Legal Topics
- Striking Out Notice of Appeal, Failure to Take Essential Steps, Appeal Procedure
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Masune
Applicant
Juma Mare
Respondent
Procedural Posture
Civil Application / Ruling on 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 other required documents within sixty days, without a certificate of delay, is fatal and warrants striking out the notice of appeal.
Court Disposition
Application granted; notice of appeal struck out with costs.
Orders
- The respondent's notice of appeal filed on 16 March 2018 is struck out with costs.
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