20010530 TZCA Dar es Salaam

20010530 TZCA Dar es Salaam

The respondent was not inactive for six years and pursued the appeal; the slow pace was beyond his control. The appeal has already been instituted, and no essential step was skipped. The applicant also delayed in making the application.

Citation
20010530 TZCA Dar es Salaam
Parties
Applicant: Kitwani Amini; Respondent: Unnamed Respondent
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 May 2001
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
application dismissed with costs
Legal Topics
Appeals, Notice of Appeal, Delay in Prosecution
Source Language
English
Civil Procedure Appeals Notice of Appeal Delay in Prosecution

Case Brief

Summary, issues, holding and outcome

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Parties

Kitwani Amini

Applicant

Unnamed Respondent

Respondent

Procedural Posture

Civil Application / Ruling on Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether the respondent was inactive for six years after filing the notice of appeal
  2. 2 Whether the notice of appeal should be struck out due to alleged inactivity

Ratio Decidendi

The respondent was not inactive for six years and pursued the appeal; the slow pace was beyond his control. The appeal has already been instituted, and no essential step was skipped. The applicant also delayed in making the application.

Court Disposition

application dismissed with costs

Orders

  • application to strike out notice of appeal is dismissed
  • costs awarded to respondent