mokiri damasi ngoja vs national housing corporation independent agencies another 2021 tzca 540 30 september 2021

Failure to serve notice of appeal, memorandum of appeal, and application for proceedings on respondents as required by mandatory rules renders the appeal incompetent and time barred.

Citation: mokiri damasi ngoja vs national housing corporation independent agencies another 2021 tzca 540 30 september 2021
Parties: Appellant: Mokiri Damas Ngoja; 1st Respondent: National Housing Corporation; 2nd Respondent: Independent Agencies & Court Brokers Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 30 September 2021
Procedural Posture: Civil Appeal / Preliminary Objections Ruling
Outcome: appeal struck out
Legal Topics: Service of Process, Appeal Timelines, Preliminary Objections, Eviction
Source Language: English

Civil Procedure Land Law Service of Process Appeal Timelines Preliminary Objections Eviction

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Parties

Mokiri Damas Ngoja

Appellant

National Housing Corporation

1st Respondent

Independent Agencies & Court Brokers Ltd

2nd Respondent

Procedural Posture

Civil Appeal / Preliminary Objections Ruling

Legal Issues

1 Whether failure to serve notice of appeal and memorandum of appeal renders the appeal incompetent
2 Whether failure to serve application for proceedings on respondents makes the appeal time barred

Ratio Decidendi

Failure to serve notice of appeal, memorandum of appeal, and application for proceedings on respondents as required by mandatory rules renders the appeal incompetent and time barred.

Court Disposition

appeal struck out

Orders

Appeal struck out with costs