gurmit singh bhachu vs meet singh bhachu 2023 tzca 9 10 february 2023

The respondent failed to institute the appeal within the prescribed time after the necessary documents were ready and did not take essential steps as required by the Rules; the preliminary objection on service was an afterthought and not supported by the record.

Citation: gurmit singh bhachu vs meet singh bhachu 2023 tzca 9 10 february 2023
Parties: Applicant: Gurmit Singh Bhachu; Respondent: Meet Singh Bhachu
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 10 February 2023
Procedural Posture: Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome: application granted
Legal Topics: Notice of Appeal, Service of Process, Extension of Time, Striking Out Proceedings
Source Language: English

Civil Procedure Notice of Appeal Service of Process Extension of Time Striking Out Proceedings

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Parties

Gurmit Singh Bhachu

Applicant

Meet Singh Bhachu

Respondent

Procedural Posture

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

Legal Issues

1 Whether the notice of motion and supporting affidavit were properly served on the respondent as required by Rule 55(1) of the Tanzania Court of Appeal Rules, 2009
2 Whether the respondent took essential steps to institute the intended appeal within the prescribed time under the Rules

Ratio Decidendi

Court Disposition

application granted

Orders

The notice of appeal lodged by the respondent on 16th March, 2016 is struck out with costs.