20101126 TZCA Mbeya

20101126 TZCA Mbeya

The respondent failed to prove service of the notice of appeal on the applicant as required by Rule 77(1) of the Court of Appeal Rules, 1979, and did not lodge the appeal within the prescribed time, justifying striking out the notice of appeal.

Citation
20101126 TZCA Mbeya
Parties
Applicant: Gerald E. Bakize; Respondent: Philemon J. Shao
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 November 2010
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Outcome
Notice of appeal struck out with costs
Legal Topics
Service of Notice of Appeal, Time Limits for Appeal, Striking Out Notice of Appeal
Source Language
English
Civil Procedure Service of Notice of Appeal Time Limits for Appeal Striking Out Notice of Appeal

Case Brief

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Parties

Gerald E. Bakize

Applicant

Philemon J. Shao

Respondent

Procedural Posture

Civil Application / Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether the respondent served the notice of appeal on the applicant within the prescribed time under Rule 77(1) of the Court of Appeal Rules, 1979
  2. 2 Whether the respondent lodged the appeal within 60 days as required by Rule 83(1) of the Court of Appeal Rules, 1979

Ratio Decidendi

The respondent failed to prove service of the notice of appeal on the applicant as required by Rule 77(1) of the Court of Appeal Rules, 1979, and did not lodge the appeal within the prescribed time, justifying striking out the notice of appeal.

Court Disposition

Notice of appeal struck out with costs

Orders

  • The notice of appeal filed on 10.12.2008 is struck out with costs