david malili vs mwajuma ramadhani 2020 tzca 1885 4 december 2020

The absence of a lodged and served notice of appeal contravened mandatory procedural requirements, rendering the appeal incompetent and necessitating its striking out.

Citation: david malili vs mwajuma ramadhani 2020 tzca 1885 4 december 2020
Parties: Appellant: David Mauli; Respondent: Mwajuma Ramadhani
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 4 December 2020
Procedural Posture: Civil Appeal / Final Appellate Judgment
Outcome: appeal struck out
Legal Topics: Extension of Time, Notice of Appeal, Appeal Process, Service of Notice
Source Language: English

Civil Procedure Land Law Extension of Time Notice of Appeal Appeal Process Service of Notice

Case Brief

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Parties

David Mauli

Appellant

Mwajuma Ramadhani

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

1 Whether the appellant complied with the requirement to lodge and serve a notice of appeal
2 Whether the absence of a notice of appeal renders the appeal incompetent

Ratio Decidendi

The absence of a lodged and served notice of appeal contravened mandatory procedural requirements, rendering the appeal incompetent and necessitating its striking out.

Court Disposition

appeal struck out

Orders

Each party to bear own costs