china railway jianchang engineering vs continental services limited 2016 tzca 558 27 april 2016

A notice of appeal that is incurably defective for citing the wrong rule and stating the wrong date of the decision appealed against cannot ground a valid appeal; therefore, the notice of appeal must be struck out.

Citation: china railway jianchang engineering vs continental services limited 2016 tzca 558 27 april 2016
Parties: Applicant: China Railway Jianchang Engineering Ltd; Respondent: Continental Services Limited
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 27 April 2016
Procedural Posture: Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome: Application allowed to the extent of striking out the notice of appeal with costs.
Legal Topics: Notice of Appeal, Defective Appeal, Court of Appeal Rules
Source Language: English

Civil Procedure Notice of Appeal Defective Appeal Court of Appeal Rules

Case Brief

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Parties

China Railway Jianchang Engineering Ltd

Applicant

Continental Services Limited

Respondent

Procedural Posture

Civil Application / Ruling on Application to Strike Out Notice of Appeal

Legal Issues

1 Whether the notice of appeal lodged by the respondent was valid and capable of instituting a civil appeal
2 Whether an appeal can lie on the basis of a defective notice of appeal

Ratio Decidendi

Court Disposition

Application allowed to the extent of striking out the notice of appeal with costs.

Orders

Notice of appeal lodged on 5/5/2014 is struck out as incurably defective.
Applicant awarded costs.