20041027 TZCA Arusha2 1

20041027 TZCA Arusha2 1

The appellant failed to properly lodge a notice of withdrawal in the registry and did not obtain the respondents' consent; therefore, under Rule 95(4) of the Court Rules, 1979, the appeal must be dismissed with costs.

Source-derived case information.

Citation
20041027 TZCA Arusha2 1
Parties
Appellant: Fatehali Dhala Limited; Respondent: Narendra K. Patel; Respondent: Vipinchandra Kodhabhai Patel
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 October 2004
Procedural Posture
Civil Appeal / Appeal Before Court of Appeal, Application for Withdrawal/dismissal
Outcome
appeal dismissed with costs
Legal Topics
Appeal Withdrawal, Dismissal of Appeal, Costs
Source Language
english
Civil Procedure Appeal Withdrawal Dismissal of Appeal Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Fatehali Dhala Limited

Appellant

Narendra K. Patel

Respondent

Vipinchandra Kodhabhai Patel

Respondent

Procedural Posture

Civil Appeal / Appeal Before Court of Appeal, Application for Withdrawal/dismissal

Legal Issues

  1. 1 Whether the appellant complied with the procedure for withdrawal of appeal under Rule 95 of the Court Rules, 1979
  2. 2 Whether the appeal should be struck out or dismissed with costs

Ratio Decidendi

The appellant failed to properly lodge a notice of withdrawal in the registry and did not obtain the respondents' consent; therefore, under Rule 95(4) of the Court Rules, 1979, the appeal must be dismissed with costs.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.