mije traders limited vs omary ibrahim 2023 tzca 177 5 april 2023

Respondents failed to take essential steps to institute appeal within prescribed time and did not apply for certified copies or serve such application; notice of appeal must be struck out.

Citation: mije traders limited vs omary ibrahim 2023 tzca 177 5 april 2023
Parties: Applicant: Mije Traders Limited; 1st Respondent: Omary Ibrahim; 2nd Respondent: Apricot General Building Contractors Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 April 2023
Procedural Posture: Civil Application / Ruling
Outcome: Application granted
Legal Topics: Striking Out Notice of Appeal, Failure to Institute Appeal Within Prescribed Time
Source Language: English

Civil Procedure Striking Out Notice of Appeal Failure to Institute Appeal Within Prescribed Time

Case Brief

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Parties

Mije Traders Limited

Applicant

Omary Ibrahim

1st Respondent

Apricot General Building Contractors Ltd

2nd Respondent

Procedural Posture

Civil Application / Ruling

Legal Issues

1 Whether the respondents failed to institute an appeal within the prescribed period after lodging notice of appeal
2 Whether the notice of appeal should be struck out for failure to take essential steps

Ratio Decidendi

Respondents failed to take essential steps to institute appeal within prescribed time and did not apply for certified copies or serve such application; notice of appeal must be struck out.

Court Disposition

Application granted

Orders

Notice of appeal struck out with costs