kessy vs uiso 2004 tzca 24 13 december 200
The application was dismissed because there was no proof that the respondent, a necessary party, was served with the notice of motion and affidavit, in contravention of Rule 52(1) of the Court Rules, 1979.
- Citation
- kessy vs uiso 2004 tzca 24 13 december 200
- Parties
- Applicant: Mr. Jasson Kessy; Respondent: Mr. Liston Uiso
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2004
- Procedural Posture
- Civil Application / Ruling on Application to Strike Out Notice of Appeal
- Outcome
- application dismissed
- Legal Topics
- Service of Process, Notice of Motion, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mr. Jasson Kessy
Applicant
Mr. Liston Uiso
Respondent
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the respondent was properly served with the notice of motion and affidavit as required by Rule 52(1) of the Court Rules, 1979
Ratio Decidendi
The application was dismissed because there was no proof that the respondent, a necessary party, was served with the notice of motion and affidavit, in contravention of Rule 52(1) of the Court Rules, 1979.
Court Disposition
application dismissed
Orders
- no order as to costs
Full Case Text
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