19930520 TZCA Dar es Salaam

19930520 TZCA Dar es Salaam

The appeal was struck out because the appellant failed to serve the respondent with a copy of the judgment intended to be appealed against and did not obtain prior leave of the High Court as required by law.

Citation
19930520 TZCA Dar es Salaam
Parties
Appellant: M/S Esmail International Ltd.; Respondent: J. J. Kasidi; Respondent: M/S L. J. Richards Ltd.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 May 1993
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
appeal struck out with costs
Legal Topics
Appeals, Leave to Appeal, Service of Judgment, Preliminary Objection
Source Language
English
Civil Procedure Appeals Leave to Appeal Service of Judgment Preliminary Objection

Case Brief

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Parties

M/S Esmail International Ltd.

Appellant

J. J. Kasidi

Respondent

M/S L. J. Richards Ltd.

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the appeal should be struck out for failure to supply the respondent with a copy of the judgment intended to be appealed against
  2. 2 Whether leave of the High Court was required before filing the appeal

Ratio Decidendi

The appeal was struck out because the appellant failed to serve the respondent with a copy of the judgment intended to be appealed against and did not obtain prior leave of the High Court as required by law.

Court Disposition

appeal struck out with costs

Orders

  • appeal struck out
  • costs awarded to respondents