19870807 TZCA Dar es Salaam

19870807 TZCA Dar es Salaam

The appeal was incompetent due to late filing of notice of appeal, absence of application for extension of time, and failure to obtain leave of the High Court. These procedural flaws are fundamental and warrant striking out the appeal.

Citation
19870807 TZCA Dar es Salaam
Parties
Appellant: Mechanical Installation and Engineering Company Limited; Respondent: J.Bubakar Ndenza Maporo; Respondent: Mr. Lwiza
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 August 1987
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
appeal struck out as incompetent
Legal Topics
Winding Up, Appeals, Leave to Appeal, Security for Costs, Appointment of Liquidator
Source Language
English
Company Law Civil Procedure Winding Up Appeals Leave to Appeal Security for Costs Appointment of Liquidator

Case Brief

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Parties

Mechanical Installation and Engineering Company Limited

Appellant

J.Bubakar Ndenza Maporo

Respondent

Mr. Lwiza

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appellant company is competent to appeal after a winding up order
  2. 2 Whether leave of the High Court was required to appeal
  3. 3 Whether the notice of appeal was filed within time and properly served

Ratio Decidendi

The appeal was incompetent due to late filing of notice of appeal, absence of application for extension of time, and failure to obtain leave of the High Court. These procedural flaws are fundamental and warrant striking out the appeal.

Court Disposition

appeal struck out as incompetent

Orders

  • Costs awarded to the respondents