georgio anagnostou another vs emmanuel marangakis another 2019 tzca 185 23 may 2019

georgio anagnostou another vs emmanuel marangakis another 2019 tzca 185 23 may 2019

The reference to the wrong year in the letter applying for copies was a mere slip of the pen, and all other particulars related to the correct case; respondents took essential steps as required by the rules, and there is no prescribed consequence for failure to follow up within a specific time after 90 days if Registrar has not supplied the documents. Execution of the decree does not amount to failure to take essential steps under rule 89(2).

Citation
georgio anagnostou another vs emmanuel marangakis another 2019 tzca 185 23 may 2019
Parties
Applicant: Georgio Anagnostou; Applicant: Ourania Anagnostou; Respondent: Emmanuel Marangakis; Respondent: Joseph Anthony Gonsalves
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 May 2019
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Striking Out Notice of Appeal, Essential Steps in Appeal, Application for Copies of Proceedings, Execution of Decree
Source Language
English
Civil Procedure Striking Out Notice of Appeal Essential Steps in Appeal Application for Copies of Proceedings Execution of Decree

Case Brief

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Parties

Georgio Anagnostou

Applicant

Ourania Anagnostou

Applicant

Emmanuel Marangakis

Respondent

Joseph Anthony Gonsalves

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether respondents failed to take essential steps in the intended appeal under rule 89(2) of the Tanzania Court of Appeal Rules
  2. 2 Whether the intended appeal was overtaken by events due to execution of decree

Ratio Decidendi

The reference to the wrong year in the letter applying for copies was a mere slip of the pen, and all other particulars related to the correct case; respondents took essential steps as required by the rules, and there is no prescribed consequence for failure to follow up within a specific time after 90 days if Registrar has not supplied the documents. Execution of the decree does not amount to failure to take essential steps under rule 89(2).

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded to respondents