dorisia morris vs raphael nzomuvura rwasa others 2023 tzca 17865 21 november 2023

dorisia morris vs raphael nzomuvura rwasa others 2023 tzca 17865 21 november 2023

The 1st respondent failed to comply with Rule 90(5) by not reminding the Registrar to supply the requested documents for appeal within the prescribed period, amounting to failure to take an essential step under Rule 89(2), justifying the striking out of the notice of appeal.

Citation
dorisia morris vs raphael nzomuvura rwasa others 2023 tzca 17865 21 november 2023
Parties
Applicant: Dorisia Morris; 1st Respondent: Raphael Nzomuvura Rwasa (Administrator of the estate of the late Stephania Pelagia Minani); 2nd Respondent: Hon. Attorney General; 3rd Respondent: Commissioner for Lands
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 November 2023
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application granted; notice of appeal struck out with costs.
Legal Topics
Striking Out Notice of Appeal, Failure to Take Essential Steps, Appeal Procedure, Compliance With Procedural Rules
Source Language
English
Civil Procedure Land Law Striking Out Notice of Appeal Failure to Take Essential Steps Appeal Procedure Compliance With Procedural Rules

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Parties

Dorisia Morris

Applicant

Raphael Nzomuvura Rwasa (Administrator of the estate of the late Stephania Pelagia Minani)

1st Respondent

Hon. Attorney General

2nd Respondent

Commissioner for Lands

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the 1st respondent failed to take essential steps in furtherance of his intended appeal, rendering his notice of appeal liable to be struck out

Ratio Decidendi

The 1st respondent failed to comply with Rule 90(5) by not reminding the Registrar to supply the requested documents for appeal within the prescribed period, amounting to failure to take an essential step under Rule 89(2), justifying the striking out of the notice of appeal.

Court Disposition

Application granted; notice of appeal struck out with costs.

Orders

  • The 1st respondent's notice of appeal lodged on 25th October, 2019 is struck out.
  • Costs awarded to the applicant.