edwin kigato vs dickson kemanzi 2019 tzca 499 12 december 2019

edwin kigato vs dickson kemanzi 2019 tzca 499 12 december 2019

The respondent failed to file the appeal within the prescribed sixty days and did not serve the application letter for proceedings on the applicant as required, nor did he take any essential step towards instituting the appeal; therefore, the notice of appeal is struck out under Rule 89(2).

Citation
edwin kigato vs dickson kemanzi 2019 tzca 499 12 december 2019
Parties
Applicant: Edwin Kigato; Respondent: Dickson Kemanzi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 December 2019
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
application granted
Legal Topics
Striking Out Notice of Appeal, Essential Steps in Appeal Process, Time Limitation for Appeal
Source Language
English
Civil Procedure Land Law Striking Out Notice of Appeal Essential Steps in Appeal Process Time Limitation for Appeal

Case Brief

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Parties

Edwin Kigato

Applicant

Dickson Kemanzi

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the respondent took essential steps towards filing the appeal after lodging the notice of appeal
  2. 2 Whether the notice of appeal should be struck out for failure to take essential steps within prescribed time

Ratio Decidendi

The respondent failed to file the appeal within the prescribed sixty days and did not serve the application letter for proceedings on the applicant as required, nor did he take any essential step towards instituting the appeal; therefore, the notice of appeal is struck out under Rule 89(2).

Court Disposition

application granted

Orders

  • The respondent's notice of appeal lodged on 30/3/2017 is struck out.
  • The applicant is awarded costs.