kessy vs uiso 2004 tzca 24 13 december 200

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Mr. Jasson Kessy

Applicant

Mr. Liston Uiso

Respondent

Procedural Posture

Civil Application / Ruling on Application to Strike Out Notice of Appeal

  1. 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