20050616 TZCA Dar es salaam

20050616 TZCA Dar es salaam

Non-compliance with mandatory service period under rule 77(1) renders notice of appeal incompetent and subject to being struck out; extension of time cannot be granted at the stage of hearing an application to strike out the notice.

Citation
20050616 TZCA Dar es salaam
Parties
Applicants: Akbar Hassanali and 2 others; Respondent: Edward Anthony Mwesiumo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 June 2005
Procedural Posture
Civil Reference / Reference From Decision of Single Judge of Court of Appeal
Outcome
Application for reference dismissed with costs.
Legal Topics
Notice of Appeal, Extension of Time, Service of Process, Striking Out Applications
Source Language
English
Civil Procedure Appellate Practice Notice of Appeal Extension of Time Service of Process Striking Out Applications

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Parties

Akbar Hassanali and 2 others

Applicants

Edward Anthony Mwesiumo

Respondent

Procedural Posture

Civil Reference / Reference From Decision of Single Judge of Court of Appeal

Legal Issues

  1. 1 Whether failure to serve notice of appeal within prescribed time under rule 77(1) renders the notice incompetent
  2. 2 Whether the Court can extend time to serve notice of appeal when application to strike out is pending

Ratio Decidendi

Non-compliance with mandatory service period under rule 77(1) renders notice of appeal incompetent and subject to being struck out; extension of time cannot be granted at the stage of hearing an application to strike out the notice.

Court Disposition

Application for reference dismissed with costs.

Orders

  • Reference dismissed
  • Costs awarded to respondent