kafulila vs mwilima and others 2016 tzca 246 12 october 2016

kafulila vs mwilima and others 2016 tzca 246 12 october 2016

The application to amend the notice of appeal is incompetent because the underlying notice of appeal is fatally defective for failure to comply with the mandatory requirements of Rule 83(6) of the Court of Appeal Rules, 2009, specifically the omission of the words 'intend to appeal.'

Citation
kafulila vs mwilima and others 2016 tzca 246 12 october 2016
Parties
Applicant: David Zacharia Kafulila; 1st Respondent: Hasna Sudi Mwilima; 2nd Respondent: The Returning Officer, Kigoma South Constituency; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 October 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objection and Application to Amend Notice of Appeal
Outcome
Application struck out with costs to the 2nd and 3rd respondents.
Legal Topics
Amendment of Notice of Appeal, Defective Notice of Appeal, Court of Appeal Rules, Preliminary Objection
Source Language
English
Civil Procedure Appellate Practice Amendment of Notice of Appeal Defective Notice of Appeal Court of Appeal Rules Preliminary Objection

Case Brief

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Parties

David Zacharia Kafulila

Applicant

Hasna Sudi Mwilima

1st Respondent

The Returning Officer, Kigoma South Constituency

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection and Application to Amend Notice of Appeal

Legal Issues

  1. 1 Whether the application to amend the notice of appeal is competent where the notice itself is defective for non-compliance with Rule 83(6) of the Court of Appeal Rules, 2009
  2. 2 Whether failure to cite Rule 48(1) and Rule 50(1) as enabling provisions renders the application incompetent

Ratio Decidendi

The application to amend the notice of appeal is incompetent because the underlying notice of appeal is fatally defective for failure to comply with the mandatory requirements of Rule 83(6) of the Court of Appeal Rules, 2009, specifically the omission of the words 'intend to appeal.'

Court Disposition

Application struck out with costs to the 2nd and 3rd respondents.

Orders

  • Application struck out
  • Costs awarded to the 2nd and 3rd respondents