meporoo rison vs elisa sangeti 2012 tzca 61 1 october 2012

The application to strike out the notice of appeal was premature because the related application for extension of time was still pending before the High Court, and the Court of Appeal is not the proper forum to determine the existence or service of the notice of appeal at this stage.

Citation: meporoo rison vs elisa sangeti 2012 tzca 61 1 october 2012
Parties: Applicant: Meporoo Rison; Respondent: Elisa Sangeti
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 1 October 2012
Procedural Posture: Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome: application struck out as premature
Legal Topics: Execution of Judgment, Notice of Appeal, Extension of Time, Service of Process
Source Language: English

Civil Procedure Execution of Judgment Notice of Appeal Extension of Time Service of Process

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Parties

Meporoo Rison

Applicant

Elisa Sangeti

Respondent

Procedural Posture

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

Legal Issues

1 Whether the application to strike out the notice of appeal is maintainable in the absence of evidence of its existence
2 Whether the High Court properly managed the pending application for extension of time

Ratio Decidendi

Court Disposition

application struck out as premature

Orders

Miscellaneous Civil Application No. 83 of 2010 to be placed before the Judge in Charge for reassignment and expeditious determination
no order as to costs