mapesa said matambo another vs rose ally nyabange 2017 tzca 185 25 august 2017

mapesa said matambo another vs rose ally nyabange 2017 tzca 185 25 august 2017

The respondent did not comply with rule 90(1) and (2) by failing to annex evidence of timely written request for proceedings; therefore, she did not take necessary steps to institute the appeal within prescribed time, warranting striking out of the notice of appeal under rule 89(2).

Citation
mapesa said matambo another vs rose ally nyabange 2017 tzca 185 25 august 2017
Parties
Applicant: Mapesa Said Matambo; Applicant: Marijani Said Matambo; Respondent: Rose Ally Nyabange
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 August 2017
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
application granted
Legal Topics
Appeals, Notice of Appeal, Timeliness, Service of Documents
Source Language
English
Civil Procedure Appeals Notice of Appeal Timeliness Service of Documents

Case Brief

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Parties

Mapesa Said Matambo

Applicant

Marijani Said Matambo

Applicant

Rose Ally Nyabange

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the respondent failed to institute the intended appeal within the prescribed period after leave was granted
  2. 2 Whether the respondent complied with rules 90(1) and (2) of the Tanzania Court of Appeal Rules, 2009 regarding application for proceedings and exclusion of time
  3. 3 Whether the notice of appeal should be struck out under rule 89(2)

Ratio Decidendi

The respondent did not comply with rule 90(1) and (2) by failing to annex evidence of timely written request for proceedings; therefore, she did not take necessary steps to institute the appeal within prescribed time, warranting striking out of the notice of appeal under rule 89(2).

Court Disposition

application granted

Orders

  • notice of appeal struck out under rule 89(2)
  • costs awarded to applicants