20121001 TZCA Arusha

The application to strike out the notice of appeal is premature because there is a pending application for extension of time to appeal in the High Court, and it is not the duty of the Court of Appeal to determine the status of the notice of appeal at this stage.

Citation: 20121001 TZCA Arusha
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, Court Administration
Source Language: English

Civil Procedure Execution of Judgment Notice of Appeal Extension of Time Court Administration

Case Brief

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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 can be struck out
2 Whether the application to strike out is premature given pending proceedings in the High Court

Ratio Decidendi

Court Disposition

application struck out as premature

Orders

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