flcatcar safari ltd vs singha gurupreet bhachu 2018 tzhc 2272 11 october 2018

IN THE HIGH COURT OF THE UNITED REPUBLIC OF TANZANIA (IN THE DISTRICT REGISTRY)

AT ARUSHA CIVIL APPEAL NO. 11 OF 2018 (C/f Resident magistrate Court, Arusha Civii Case No. 4 o f 2016; High Court o f Tanzania Misc. Application No. 123 o f 2017) FLYCATCER SAFARI LIMITED..................................... APPELLANT

VERSUS GURUPREET SINGH BHACHU................... RESPONDENT

RULING BEFORE: I. MAIGE, J The memorandum of appeal is notaccompanied with a copy of judgment. When I requested the counsel to addressme on that issue, Mr. Msangi who took the conduct of the appeal for the appellant submitted that the appeal is properly before me because the appeal is against the decision. Mr. Mustapha learned advocate for the Respondent submitted, correctly in my view, that under Section 39(1) of CPC attachment of a copy of judgment in appeal is mandatory requirement, unless the same is dispensed with. i In my opinion therefore, for the reason of not being accompanied with a copy of judgment, this appeal is incompitently before the court and it is hereby struck out with costs. I. MAIGE

JUDGE 18/ 10/2018 Court: Ruling delivered, suit struck out. I. MAIGE

JUDGE 18/ 10/2018