justine nyari vs guardian limited another 2010 tzca 82 26 february 2010

justine nyari vs guardian limited another 2010 tzca 82 26 february 2010

Failure to serve the notice of appeal within the prescribed seven days is a fatal procedural defect that renders the notice incompetent and subject to being struck out under Rule 82. The existence of remedies within the rules precludes reliance on constitutional provisions to cure such defects.

Citation
justine nyari vs guardian limited another 2010 tzca 82 26 february 2010
Parties
Applicant: Justine Nyari; 1st Respondent: Guardian Limited; 2nd Respondent: Printa Afrique Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 February 2010
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Outcome
notice of appeal struck out with costs
Legal Topics
Notice of Appeal, Service of Process, Extension of Time, Procedural Compliance
Source Language
English
Civil Procedure Notice of Appeal Service of Process Extension of Time Procedural Compliance

Case Brief

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Parties

Justine Nyari

Applicant

Guardian Limited

1st Respondent

Printa Afrique Limited

2nd Respondent

Procedural Posture

Civil Application / Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether failure to serve the notice of appeal within the prescribed time renders the notice incompetent
  2. 2 Whether delay caused by the Registrar's absence excuses late service
  3. 3 Whether Article 107A(2)(e) of the Constitution or Rule 2 of the Court of Appeal Rules can cure non-compliance with mandatory procedural rules

Ratio Decidendi

Failure to serve the notice of appeal within the prescribed seven days is a fatal procedural defect that renders the notice incompetent and subject to being struck out under Rule 82. The existence of remedies within the rules precludes reliance on constitutional provisions to cure such defects.

Court Disposition

notice of appeal struck out with costs

Orders

  • Notice of appeal struck out
  • Respondents to pay costs