joseph mlaponi vs sandwick mining construction tanzania ltd 2017 tzca 365 4 august 2017

The appeal was incompetent because the notice of appeal was filed out of time and was not served on the respondent as required by the applicable rules.

Citation: joseph mlaponi vs sandwick mining construction tanzania ltd 2017 tzca 365 4 august 2017
Parties: Appellant: Joseph Mlaponi; Respondent: Sandwick Mining Construction (T) Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 4 August 2017
Procedural Posture: Civil Appeal / Preliminary Objection Ruling
Outcome: appeal struck out
Legal Topics: Time Limitation for Appeal, Service of Notice of Appeal, Procedural Compliance
Source Language: English

Civil Procedure Labour Law Time Limitation for Appeal Service of Notice of Appeal Procedural Compliance

Case Brief

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Parties

Joseph Mlaponi

Appellant

Sandwick Mining Construction (T) Ltd

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

1 Whether the notice of appeal was lodged within the prescribed time under Rule 83(2) of the Tanzania Court of Appeal Rules, 2009
2 Whether the notice of appeal was properly served on the respondent as required by Rule 84(1) of the Rules

Ratio Decidendi

The appeal was incompetent because the notice of appeal was filed out of time and was not served on the respondent as required by the applicable rules.

Court Disposition

appeal struck out

Orders

The appeal is struck out with no order as to costs.