20140625 TZCA Arusha

The appeal and application are incompetent due to failure to obtain leave of the High Court and a defective notice of appeal; both are struck out with costs.

Citation: 20140625 TZCA Arusha
Parties: Applicant: Lous Augustine Mbuya; Respondent: Anthony John Kimatare; Respondent: Thobias Leon Moshi
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 25 June 2014
Procedural Posture: Civil Application / Ruling on Application to Amend Record and Extension of Time
Outcome: appeal and application struck out as incompetent
Legal Topics: Amendment of Appeal Documents, Leave to Appeal, Defective Notice of Appeal
Source Language: English

Civil Procedure Land Law Amendment of Appeal Documents Leave to Appeal Defective Notice of Appeal

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Parties

Lous Augustine Mbuya

Applicant

Anthony John Kimatare

Respondent

Thobias Leon Moshi

Respondent

Procedural Posture

Civil Application / Ruling on Application to Amend Record and Extension of Time

Legal Issues

1 Whether leave of the High Court was obtained prior to filing appeal as required by law
2 Whether the notice of appeal was defective
3 Whether the application to amend the record of appeal can be granted given the defects

Ratio Decidendi

The appeal and application are incompetent due to failure to obtain leave of the High Court and a defective notice of appeal; both are struck out with costs.

Court Disposition

appeal and application struck out as incompetent

Orders

appeal struck out with costs
application to amend record struck out with costs