tanzania bureua satandards another vs erythia trading company 2022 tzca 537 6 september 2022

tanzania bureua satandards another vs erythia trading company 2022 tzca 537 6 september 2022

The respondent failed to take essential steps by not approaching the Registrar for a copy of proceedings within 14 days after expiry of 90 days from the date of request, amounting to failure to take necessary steps under rule 89(2), justifying striking out the notice of appeal.

Citation
tanzania bureua satandards another vs erythia trading company 2022 tzca 537 6 september 2022
Parties
1st Applicant: Tanzania Bureau of Standards; 2nd Applicant: The Attorney General; Respondent: Erythia Trading Company
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 September 2022
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Notice of appeal struck out with costs.
Legal Topics
Appeals, Striking Out Notice of Appeal, Essential Steps in Appeal Process, Limitation Periods
Source Language
English
Civil Procedure Appeals Striking Out Notice of Appeal Essential Steps in Appeal Process Limitation Periods

Case Brief

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Parties

Tanzania Bureau of Standards

1st Applicant

The Attorney General

2nd Applicant

Erythia Trading Company

Respondent

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The respondent failed to take essential steps by not approaching the Registrar for a copy of proceedings within 14 days after expiry of 90 days from the date of request, amounting to failure to take necessary steps under rule 89(2), justifying striking out the notice of appeal.

Court Disposition

Notice of appeal struck out with costs.

Orders

  • The notice of appeal lodged on 30th March, 2020 is struck out with costs.