20121106 TZCA Tabora

. I IN THE. COURT OF APPEAL OF TANZANIA 1' I AT TABORA i] l (CORAM; . MSOFFE. l.A,. MBARQUK. i J.A,. And QRIYO. l,A,l I TBR CIVIL APPLICATION NO. 2 OF 2009 . I . GODFREY FANUEL MAKALA· ....................................................... APPLICANT ~ • • .' I VERSU!S TANZANIA ELECTRIC SUPPLY CO. LTD ..................................... RESPONDENT (Application from the decisio1 of the High Court of Tanzania at Tabora) (Mwita. J) I i dated the 20th qctober, 2009 · in I · ·, Civil ___________ No, s ot Appeal !1_________ _ 2003 i RULING PE THE COURT MSOFFE. l.A; i The respondent Company was served for today's dat_e of hearing through both its Legal Department in Dar es Salaam an~ its Regional office in Tabora. Yet no ,. appearance was entered. Henceforth, the ap~licant prayed, and we granted the prayer, I to proceed in terms of the provisions of Rule 63(2) of the Tarizania Court of Appeal Rules, 2009(the Rules). Essentially, this is an application seeking that the notice of appeal filed on ! ' .. 3/11/2006 against the decision of the High epurt (Mwita, J.) be:struck out for failure to . take essential· steps in ttie prosecution of t~e intended appeal. This application was filed on 10/9/2009 before the coming into ~ffect of the Rules; The Rules came into I effect on 1/2/2010 vide Government Notice No. 36 published on 29/1/2010. I • Since there is no dispute that once the notice of appeal was filed on the above • stated date the respondent Company has not taken any step todate to prosecute the intended appeal, it is obvious that this application has merit. For this reason, under rule 82 of the Tanzania Court of Appeal Rules, 1979 read together with Rule 130 (a) of the Rules we hereby strike out the notice of appeal hitherto lodged on 3/11/2006. The applicant shall have the costs of this Order. DATED at TABORA this 6th day of November, 2012. =_::::... . ,_ .• _ kwizu:::··-- ~ DEPUTY REGISTRAR COURT OF APPEAL 2