20170424 TZCA Dar es Salaam

IN THE COURT OF APPEAL OF TANZANIA I AT DAR ES SALAAM (CORAM: MJASIRI, J.A., MUGASHA, J.A. And MWAN~ESI, J.A.} CIVIL APPEAL NO. 72 OF 2009 CONSOLIDATED HOLDING CORPORATION .................................APPELLANT I VERSUS!I I AFRO-ASIAN AGRO PRODUCTS . . I (SINGAPORE) PTE LIMITED .......................-............................. RESPONDENT (Appeal from the Judgment and Decree of the High Court of Tanzania (Commercial Division) at Dar es Salaa?" (Bwana, JJ} Dated the 10th day of July, 2002 I in I I Commercial Case No. 46 of 2001 ORDER OF THE COURT ' MUGASHA, J.A.: I I When the appeal was called on for hearing, the learned state attorney ; prayed to withdraw the appeal on ground ;that it is accompanied by invalid I ' notice she prayed to be spared costs. On our part, we find that the appeal is not competent since it is I accompanied by invalid Notice of Appeal seeking to appeal against I Commercial Case No. 46 of 2002 instead of Commercial Case No. 46 of 2001. I The invalid Notice of Appeal renders the appeal incompetent. We ! accordingly strike it out. Also the Notice of Cross Appeal is defective because I 1 I I I I . .: I . it refers to a decision of Commercial case No. 46 of 2001 Jrongly dated . I I 10/7/2007 instead of 10/7/2001. In this reg rd, the notice o, cross appeal is struck out. I I We make no order as to costs. I . I DATED at DAR ES SALAAM this 24th clay of April, 2017. I I S. MJASIRI JUSTICE OF APP1EAL S.E.A. MUGASHA I JUSTICE OF APP.EAL MWANGESIJ JUSTICE OF AP ,EAL 2