20151023 TZHC Arusha
Failure to personally serve Notice of Appeal on all respondents and absence of Notice against the 3rd respondent renders the application incompetent and misconceived in law.
- Citation
- 20151023 TZHC Arusha
- Parties
- Applicant: Maka Serafini; Respondent: Ramadhani Maabadi; Respondent: Hamadi Maabadi; Respondent: Ezra Joshua Mwaluko
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 23 October 2015
- Procedural Posture
- Misc. Civil Application / Ruling on Preliminary Objection
- Outcome
- Application struck out with costs.
- Legal Topics
- Extension of Time, Service of Notice of Appeal, Leave to Appeal, Preliminary Objection
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Maka Serafini
Applicant
Ramadhani Maabadi
Respondent
Hamadi Maabadi
Respondent
Ezra Joshua Mwaluko
Respondent
Procedural Posture
Misc. Civil Application / Ruling on Preliminary Objection
Legal Issues
- 1 Whether failure to serve Notice of Appeal on all respondents renders the application incompetent
- 2 Whether absence of Notice of Appeal against the 3rd respondent makes the application misconceived
- 3 Whether the application is time barred
Ratio Decidendi
Failure to personally serve Notice of Appeal on all respondents and absence of Notice against the 3rd respondent renders the application incompetent and misconceived in law.
Court Disposition
Application struck out with costs.
Orders
- Application struck out with costs.
Full Case Text
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