mbaraka bege bege vs seifu zogoro 1997 tzca 83 14 february 1997

The respondent's failure to institute the appeal within the prescribed period after notification constituted a breach of Rule 83, justifying the striking out of the notice of appeal.

Citation: mbaraka bege bege vs seifu zogoro 1997 tzca 83 14 february 1997
Parties: Applicant: Mbaraka Bege Begs; Respondent: Seifu Zogoro
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 14 February 1997
Procedural Posture: Civil Application / Application to Strike Out Notice of Appeal
Outcome: application granted
Legal Topics: Appeals, Striking Out Notice of Appeal, Non Compliance With Procedural Rules
Source Language: English

Civil Procedure Appeals Striking Out Notice of Appeal Non Compliance With Procedural Rules

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Parties

Mbaraka Bege Begs

Applicant

Seifu Zogoro

Respondent

Procedural Posture

Civil Application / Application to Strike Out Notice of Appeal

Legal Issues

1 Whether the respondent failed to comply with Rule 83 of the Court's Rules by not instituting the appeal within the prescribed time

Ratio Decidendi

The respondent's failure to institute the appeal within the prescribed period after notification constituted a breach of Rule 83, justifying the striking out of the notice of appeal.

Court Disposition

application granted

Orders

notice of intended appeal struck out with costs