meporoorison vs elisa sangeti 2012 tzca 212 1 october 2012
The application to strike out the notice of appeal is premature because there is a pending application for extension of time before the High Court, which has not been determined. The duty to resolve the status of the notice of appeal rests with the High Court.
- Citation
- meporoorison vs elisa sangeti 2012 tzca 212 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
Case Brief
Summary, issues, holding and outcome
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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 notice of appeal exists and was properly served
- 2 Whether the application to strike out the notice of appeal is premature
Ratio Decidendi
The application to strike out the notice of appeal is premature because there is a pending application for extension of time before the High Court, which has not been determined. The duty to resolve the status of the notice of appeal rests with the High Court.
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
Full Case Text
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