20090320 TZHC Dar es Salaam

IN THE HIGH COURT OF TANZANIA

DISTRICT REGISTRY

AT DAR ES SALAAM P.C CIVIL APPEAL NO.106 OF 2007 [Appeal from the decision of Hon. Mshasha, RM dated 28th September, 2007 in Mlsc. Application No.7 of 2007 originating from decision of Mark B. (PCM) dated 5th December, 2006 of Kinondoni Primary Court in Matrimonial Cause No.40 of 2006] JANE ANASEL LAIZER ....................................................._... APPELLANT

VERSUS RAPHAEL LAIZER ........................................................... RESPONDENT Date of last order - 30/07/2008 Date of iudgment - 20/03/2009

JUDGMENT MAKARAMBA, J. It is unfortunate that the Applicant to this date has not served the Respondent with written submissions in support of the appeal as ordered by this Court on 30/07/2008 and has not bothered to explain to this Court the reasons for not doing so. It seems very clearly as submitted by the learned Counsel for the Respondent, that the appellant has either lost interest in the appeal or that she has failed to prosecute her appeal as requi�ed and ordered by this Court. In the circumstances, this Court is left with but one option and that is to strike out the appeal witt:l costs under Rule 8 of Order IX of the Civil Procedure Act, 1966 [CAP.33 R.E. 2002]. 1 ._ ·1 L The appeal is hereby struck out with costs for want of prosecution. It is so ordered. Ii • • e II ii • • I ,i • io • • • • • • • • • • • • ■ • ■ • • • R.V. MAKARAMBA

JUDGE 20/03/2009 2 ~' (t-·--. ·~.... ,.-·• Ruling delivered in Chambers this.��f -�-�o-o: �;­ the presence of: For the Appellant: ... .......................................... � ............................... . For the Respondent: .. &..:... --��---�'.���-�--<'.!.t� R.V. MAKARAMBA lU-BG-E.---- - - - ---- - 20/03/2009 3