19880621 TZCA Dar es Salaam

19880621 TZCA Dar es Salaam

The appeal was struck out because the appellant failed to file the record of appeal within the prescribed time and did not obtain a certificate from the Registrar to exclude time for preparation. The application to adduce fresh evidence was rejected because it was not properly served and the evidence could have been obtained with due diligence at trial.

Citation
19880621 TZCA Dar es Salaam
Parties
Appellant: Kisena Constantine Rubi; Respondent: Hunnington Mfaume; Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 June 1988
Procedural Posture
Civil Appeal / Ruling on Application and Appeal
Outcome
appeal struck out; application for fresh evidence rejected
Legal Topics
Appeal Timelines, Adducing Fresh Evidence, Service of Process, Election Petition
Source Language
English
Civil Procedure Election Law Appeal Timelines Adducing Fresh Evidence Service of Process Election Petition

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 4 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Kisena Constantine Rubi

Appellant

Hunnington Mfaume

Respondent

The Attorney General

Respondent

Procedural Posture

Civil Appeal / Ruling on Application and Appeal

Legal Issues

  1. 1 Whether the appeal should be struck out for failure to comply with Rule 83 of the Court of Appeal Rules
  2. 2 Whether leave should be granted to adduce fresh evidence on appeal

Ratio Decidendi

The appeal was struck out because the appellant failed to file the record of appeal within the prescribed time and did not obtain a certificate from the Registrar to exclude time for preparation. The application to adduce fresh evidence was rejected because it was not properly served and the evidence could have been obtained with due diligence at trial.

Court Disposition

appeal struck out; application for fresh evidence rejected

Orders

  • Appeal is struck out for non-compliance with Rule 83.
  • Costs of the appeal to the respondents.