20050304 TZCA Mwanza

20050304 TZCA Mwanza

Since both parties reside in Tanzania and are not represented by advocates, and representation by holders of power of attorney is not permitted for residents, the applications are dismissed for want of proper representation.

Citation
20050304 TZCA Mwanza
Parties
Applicant: Iddi Mayala; Respondent: Bahati Mabula
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 March 2005
Procedural Posture
Civil Application / Application for Stay of Execution and Leave to Appeal
Outcome
applications dismissed
Legal Topics
Stay of Execution, Leave to Appeal, Representation Before Appellate Court
Source Language
English
Civil Procedure Stay of Execution Leave to Appeal Representation Before Appellate Court

Case Brief

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Parties

Iddi Mayala

Applicant

Bahati Mabula

Respondent

Procedural Posture

Civil Application / Application for Stay of Execution and Leave to Appeal

Legal Issues

  1. 1 Whether parties can be represented by holders of power of attorney before the Court of Appeal when resident in Tanzania
  2. 2 Whether absence of parties and improper representation warrants dismissal of applications

Ratio Decidendi

Since both parties reside in Tanzania and are not represented by advocates, and representation by holders of power of attorney is not permitted for residents, the applications are dismissed for want of proper representation.

Court Disposition

applications dismissed

Orders

  • Both applications dismissed under Rule 58(1) of the Court Rules, 1979
  • No costs awarded to the respondent