20030527 TZCA Arusha

20030527 TZCA Arusha

The appellants failed to prove that a copy of the letter to the Registrar was served on the respondent, thus they are not entitled to the exception under Rule 83 (1) and (2), making the appeal time barred and incompetent.

Citation
20030527 TZCA Arusha
Parties
Appellant: Martin Wilson; Appellant: Dorman (Tanzania) Limited; Respondent: Mrs. Demetria E. Mosha
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 May 2003
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Appeal Time Limits, Service of Documents, Court Rules Compliance
Source Language
English
Civil Procedure Appeal Time Limits Service of Documents Court Rules Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Martin Wilson

Appellant

Dorman (Tanzania) Limited

Appellant

Mrs. Demetria E. Mosha

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal was time barred under Rule 83 (1) and (2) of the Tanzania Court of Appeal Rules, 1979
  2. 2 Whether the appellants served the respondent with a copy of the letter to the Registrar as required by Rule 83 (2)

Ratio Decidendi

The appellants failed to prove that a copy of the letter to the Registrar was served on the respondent, thus they are not entitled to the exception under Rule 83 (1) and (2), making the appeal time barred and incompetent.

Court Disposition

appeal struck out

Orders

  • Appeal struck out with costs