20140318 TZCA Arusha

IN THE COURT OF APPEAL OF TANZANIA AT ARUSHA (CORAM: OTHMAN, C.1VMANDIAVJ.A. And ORIYO,J.A.) ARUSHA CIVIL APPLICATION NO. 2 OF 2012 MS. JANE DEWASI - Legal representative of MARTIN DEVVASI .............................................. ...I....U...OUU.U.I......II..APPLICANT VERSUS M/S ERDEMAN COMPANY (T) LIMITED ..................................... RESPONDENT (Application for Struck out notice of appeal from the Decision of the High Court of Tanzania(Commercial Division) at Arusha) (Luanda, 3.) dated the 27th day of July, 2007 in Commercial Case No. 6 of 2007 RULING OF THE COURT March, 2014 OTHMAN, Ci: Before us is an application by the Applicant, Jane Dewasi, legal Representative of the Applicant, Martin Dewasi moving the Court to strike out the notice of appeal by the Respondent, M/s Erdeman Company (T), Ltd, under rule 89(2) of the Court of Appeal Rules, 2009 on the ground that no appeal lies following failure to take some essential steps in the proceedings within the prescribed time. 1 Mr. Duncan Oola, learned Advocate for the Applicant submitted that since the institution of the notice of appeal by the Respondent on 24/08/2007, and communication by the High Court on 5th December, 2007 (Ref No. 6 of 2007) that copies of the requested proceedings and decree were ready for collection, no steps have to date been taken to institute the appeal with the prescribed time. The notice of appeal, he urged had been left unattended for an unreasonable period. He invited the Court to adapt his affidavit and annexitures and to strike out the notice of appeal as now no appeal lies against the Ruling and order of the High Court (Luanda, 3 as he then was) in Commercial Case No. 6 of 2007. On our part, having closely considered the material and the lucid submissions made by Mr. Oola, it is apparent that the Respondent has not taken some essential steps in the proceedings and in particular the institution of the appeal in terms of Rule 90(1) of the Court of Appeal Rules. It was informed by the High Court, on 5th December, 2007 that copies of the proceedings and order it had requested were ready for collection. Since then more than six years todate no steps have been taken to pursue the intended appeal accord to that law. 2 I For the foregoing reasons, we proceed to strike out the notice of appeal with costs under Rule 89(2). Ordered accordingly. DATED at ARUSHA this 18th day of March, 2014. M. C. OTHMAN CHIEF JUSTICE W. S. MANDIA JUSTICE OF APPEAL K. K. ORIYO JUSTICE OF APPEAL I certify that ti 3