20060710 TZCA Dar es salaam

20060710 TZCA Dar es salaam

The amendment to section 5(2)(d) of the Appellate Jurisdiction Act, 1979, does not have retrospective effect and does not apply to the interlocutory order in question. The intention to withdraw the counterclaim is hypothetical and does not constitute a ground for striking out the notice of appeal. The respondent has not failed to take any essential steps under rule 82.

Citation
20060710 TZCA Dar es salaam
Parties
Applicant: CRDB Bank Limited; Respondent: George Mathiew Kilindu
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 July 2006
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Interlocutory Appeals, Retrospective Application of Statutes, Withdrawal of Counterclaim
Source Language
English
Civil Procedure Appellate Practice Interlocutory Appeals Retrospective Application of Statutes Withdrawal of Counterclaim

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Parties

CRDB Bank Limited

Applicant

George Mathiew Kilindu

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether an appeal lies against an interlocutory order following the amendment of section 5 of the Appellate Jurisdiction Act, 1979
  2. 2 Whether the intention to withdraw a counterclaim affects the maintainability of the notice of appeal

Ratio Decidendi

The amendment to section 5(2)(d) of the Appellate Jurisdiction Act, 1979, does not have retrospective effect and does not apply to the interlocutory order in question. The intention to withdraw the counterclaim is hypothetical and does not constitute a ground for striking out the notice of appeal. The respondent has not failed to take any essential steps under rule 82.

Court Disposition

Application dismissed with costs

Orders

  • The application to strike out the notice of appeal is dismissed with costs.