19950522 TZCA Dar es Salaam

19950522 TZCA Dar es Salaam

The respondent failed to file a counter-affidavit or provide factual opposition to the application, despite ample notice and time. Adjournment was refused as applications by letter are improper and no sufficient cause was shown. The notice of appeal was struck out for failure to institute the appeal within the prescribed time.

Citation
19950522 TZCA Dar es Salaam
Parties
Applicant: George O. Agilla; Respondent: Samwel O. Katule
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 May 1995
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application granted; notice of appeal struck out.
Legal Topics
Striking Out Notice of Appeal, Adjournment, Affidavit Practice
Source Language
English
Civil Procedure Striking Out Notice of Appeal Adjournment Affidavit Practice

Case Brief

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Parties

George O. Agilla

Applicant

Samwel O. Katule

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the notice of appeal should be struck out for failure to institute the appeal within the prescribed time
  2. 2 Whether an adjournment should be granted based on counsel's absence and illness in the family

Ratio Decidendi

The respondent failed to file a counter-affidavit or provide factual opposition to the application, despite ample notice and time. Adjournment was refused as applications by letter are improper and no sufficient cause was shown. The notice of appeal was struck out for failure to institute the appeal within the prescribed time.

Court Disposition

Application granted; notice of appeal struck out.

Orders

  • The notice of appeal filed on 10/10/1994 is struck out.