marco bitesigirwe vs general secretary elct karagwe 2019 tzca 418 2 december 2019

marco bitesigirwe vs general secretary elct karagwe 2019 tzca 418 2 december 2019

The first respondent took all necessary steps by applying for documents and sending reminders to the Registrar; the delay was due to the Registrar's failure to supply documents, not the respondent's inaction. Therefore, the application to strike out the notice of appeal is without merit.

Citation
marco bitesigirwe vs general secretary elct karagwe 2019 tzca 418 2 december 2019
Parties
Applicant: Dr. Marco Bitesigirwe; 1st Respondent: General Secretary ELCT Karagwe; 2nd Respondent: The Honourable Minister for Labour and Youth Development; 3rd Respondent: The Hon. Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 December 2019
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application dismissed
Legal Topics
Striking Out Notice of Appeal, Essential Steps in Appeal Process, Delay in Instituting Appeal
Source Language
English
Civil Procedure Striking Out Notice of Appeal Essential Steps in Appeal Process Delay in Instituting Appeal

Case Brief

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Parties

Dr. Marco Bitesigirwe

Applicant

General Secretary ELCT Karagwe

1st Respondent

The Honourable Minister for Labour and Youth Development

2nd Respondent

The Hon. Attorney General

3rd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the first respondent failed to take essential steps after lodging notice of appeal within prescribed time

Ratio Decidendi

The first respondent took all necessary steps by applying for documents and sending reminders to the Registrar; the delay was due to the Registrar's failure to supply documents, not the respondent's inaction. Therefore, the application to strike out the notice of appeal is without merit.

Court Disposition

Application dismissed

Orders

  • No order as to costs