19930705 TZCA Dar es Salaam

The notice of appeal is deemed withdrawn due to failure to institute appeal within sixty days, and costs are ordered against the intended principal appellant and counsel for abnormal conduct.

Citation: 19930705 TZCA Dar es Salaam
Parties: Intended Principal Appellant: Saidi Himidi Kisobwa; Intended Appellants: Others represented by Saidi Himidi Kisobwa; Respondent: Intended respondent
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 July 1993
Procedural Posture: Appeal / Preliminary Hearing
Outcome: appeal deemed withdrawn
Legal Topics: Appeal Withdrawal, Costs, Authority of Counsel
Source Language: English

Civil Procedure Appeal Withdrawal Costs Authority of Counsel

Case Brief

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Parties

Saidi Himidi Kisobwa

Intended Principal Appellant

Others represented by Saidi Himidi Kisobwa

Intended Appellants

Intended respondent

Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

1 Whether the notice of appeal stands after failure to institute appeal within prescribed period
2 Whether costs should be ordered and against whom

Ratio Decidendi

The notice of appeal is deemed withdrawn due to failure to institute appeal within sixty days, and costs are ordered against the intended principal appellant and counsel for abnormal conduct.

Court Disposition

appeal deemed withdrawn

Orders

Saidi Himidi Kisobwa to pay costs for failure to institute appeal
Professor Mgongo Fimbo to personally pay one third of costs in respect of memorandum and record of appeal served on respondent