20150709 TZCA Arusha

IN THE COURT OF APPEAL OF TANZANIA

AT ARUSHA CIVIL APPLICATION NO. 42 OF 2014 COROLINE H. MAEDA ••••.•·.•.................•••......•••....•••••..•••.......•••••••• APPLICANT

VERSUS ELIJAH I. LAISER ..............•...............•..........•..•...........•..........• RESPONDENT {Application to strike out Notice of Appeal from the decision of the High Court of Tanzania at Arusha) {Masengi, J.) dated the 1st day of April 2014 in . \ Civil Appeal No. 22 of 2005

ORDER OF THE COURT KIMARO, J.A.: The application before the Court is one which seeks to have the notice of appeal which was filed on 15th April, 2014 by the respondent be struck out. In appearance in ~ourt today were Mr. John Materu, learned Advocate for the applicant and the respondent in person. The complaint in the application was that the notice of appeal was served on the applicant out of time and other steps necessary to enable the respondent file the appeal have not been complied with. The respondent conceded to the failure to take the necessary steps to pursue the appeal. 1 Mr. Materu for the applicant pressed for costs but the respondent requested the Court not to accede to the prayer for costs. As the respondent has conceded to the failure to take the necessary steps in filing the appeal, and has readily accepted that the notice of appeal be struck out, it is hereby struck out. As usual, costs are awarded to the applicant. It is ordered. DATED at ARUSHA this 9th day of July, 2015. N. P. KIMARO

JUSTICE OF APPEAL B. M. LUANDA

JUSTICE OF APPEAL S. MJASIRI

JUSTICE OF APPEAL I certify that this is a true copy of the original. ,-6 '.-· --KWIZU - Ufv REGISTRAR

COURT OF APPEAL 2