mlay vs lauwo others 2016 tzca 118 18 october 2016

The appeal was withdrawn because the appellant failed to obtain the mandatory prior leave of the High Court, and all parties consented to the withdrawal.

Citation: mlay vs lauwo others 2016 tzca 118 18 october 2016
Parties: Appellant: Harold Emmanuel Mathayo Mlay; 1st Respondent: Hellen Daniel Lauwo; 2nd Respondent: Hedal General Supplies Co. Ltd; 3rd Respondent: Standard Chartered Bank (Tanzania) Limited; 4th Respondent: Yono Auction Mart & Court Brokers Ltd; 5th Respondent: Silver Palm Khotel Tanzania Limited
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 18 October 2016
Procedural Posture: Civil Appeal / Withdrawal Before Hearing
Outcome: appeal withdrawn
Legal Topics: Appeal Withdrawal, Leave to Appeal, Costs
Source Language: English

Civil Procedure Appeal Withdrawal Leave to Appeal Costs

Case Brief

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Parties

Harold Emmanuel Mathayo Mlay

Appellant

Hellen Daniel Lauwo

1st Respondent

Hedal General Supplies Co. Ltd

2nd Respondent

Standard Chartered Bank (Tanzania) Limited

3rd Respondent

Yono Auction Mart & Court Brokers Ltd

4th Respondent

Silver Palm Khotel Tanzania Limited

5th Respondent

Procedural Posture

Civil Appeal / Withdrawal Before Hearing

Legal Issues

1 Whether the appeal can be withdrawn for lack of prior leave of the High Court

Ratio Decidendi

The appeal was withdrawn because the appellant failed to obtain the mandatory prior leave of the High Court, and all parties consented to the withdrawal.

Court Disposition

appeal withdrawn

Orders

Appeal marked withdrawn under Rule 4(2)(a) of the Court of Appeal Rules, 2009.
No order as to costs.