mathew vicent mwiru vs dpi simba ltd 2022 tzca 203 21 april 2022

The respondent took necessary steps by requesting the required documents and making repeated follow-ups. The delay was due to the Registrar's failure to supply the proceedings, not the respondent's inaction. Therefore, the application to strike out the notice of appeal is dismissed.

Source-derived case information.

Citation: mathew vicent mwiru vs dpi simba ltd 2022 tzca 203 21 april 2022
Parties: Applicant: Mathew Vincent Mwiru; Respondent: DPI Simba Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 21 April 2022
Procedural Posture: Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome: application dismissed
Legal Topics: Striking Out Notice of Appeal, Essential Steps in Appeal Process, Delay in Supplying Documents
Source Language: english

Civil Procedure Striking Out Notice of Appeal Essential Steps in Appeal Process Delay in Supplying Documents

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Mathew Vincent Mwiru

Applicant

DPI Simba Ltd

Respondent

Procedural Posture

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

Legal Issues

1 Whether the respondent failed to take essential steps to lodge the intended appeal after filing notice of appeal

Ratio Decidendi

Court Disposition

application dismissed

Orders

Registrar of the High Court to supply the respondent with the requested documents within 30 days of the ruling
no order as to costs

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