20000825 TZCA Dar es Salaam

20000825 TZCA Dar es Salaam

Failure to serve the notice of appeal within the prescribed period at the correct address, as notified by the applicant, constitutes a breach of mandatory procedural requirements and is fatal to the intended appeal.

Citation
20000825 TZCA Dar es Salaam
Parties
Applicant: George M. Shambwe; Respondent: Mpanda District Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 August 2000
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application allowed; notice of appeal struck out with costs.
Legal Topics
Service of Process, Appeals, Compliance With Procedural Rules
Source Language
English
Civil Procedure Service of Process Appeals Compliance With Procedural Rules

Case Brief

Summary, issues, holding and outcome

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Parties

George M. Shambwe

Applicant

Mpanda District Council

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether failure to serve notice of appeal within prescribed time is fatal to the intended appeal
  2. 2 Whether service at an outdated address constitutes proper service

Ratio Decidendi

Failure to serve the notice of appeal within the prescribed period at the correct address, as notified by the applicant, constitutes a breach of mandatory procedural requirements and is fatal to the intended appeal.

Court Disposition

Application allowed; notice of appeal struck out with costs.

Orders

  • Notice of appeal struck out under Rule 82 of the Court of Appeal Rules, 1979.
  • Respondent to bear costs.