20120413 TZCA Dar es Salaam
Failure to file a written submission within the prescribed period does not automatically warrant dismissal of the appeal if no miscarriage of justice is occasioned to the other party.
- Citation
- 20120413 TZCA Dar es Salaam
- Parties
- Appellant: Khalid Mwisongo; Respondent: M/s Unitrans (T) Ltd.
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 13 April 2012
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed
- Legal Topics
- Appeal Procedure, Written Submissions, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Parties
Khalid Mwisongo
Appellant
M/s Unitrans (T) Ltd.
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to file a written submission within sixty days under Rule 106(1) of the Court of Appeal Rules, 2009, mandates dismissal of the appeal.
Ratio Decidendi
Failure to file a written submission within the prescribed period does not automatically warrant dismissal of the appeal if no miscarriage of justice is occasioned to the other party.
Court Disposition
preliminary objection dismissed
Orders
- Appeal to proceed to hearing on merits with costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment