naini chacha vs ngasomi leshai nditika others 2019 tzca 48 9 april 2019
The appeal is withdrawn under Rule 102(1) of the Tanzania Court of Appeal Rules, 2009, with no order as to costs, as prayed by the appellant and unopposed by the respondents.
Source-derived case information.
- Citation
- naini chacha vs ngasomi leshai nditika others 2019 tzca 48 9 april 2019
- Parties
- Appellant: Naini Nchacha; Respondent: Ngasomi Leshai Nditika; Respondent: Tareto Leshai Nditika; Respondent: Eliamani Max Nditika; Respondent: Kiwani Leshai Nditika
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 9 April 2019
- Procedural Posture
- Civil Appeal / Withdrawal Before Hearing
- Outcome
- appeal withdrawn
- Legal Topics
- Withdrawal of Appeal, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Naini Nchacha
Appellant
Ngasomi Leshai Nditika
Respondent
Tareto Leshai Nditika
Respondent
Eliamani Max Nditika
Respondent
Kiwani Leshai Nditika
Respondent
Procedural Posture
Civil Appeal / Withdrawal Before Hearing
Legal Issues
- 1 Whether the appeal should be withdrawn under Rule 102(1) of the Tanzania Court of Appeal Rules, 2009
- 2 Whether costs should be awarded upon withdrawal
Ratio Decidendi
The appeal is withdrawn under Rule 102(1) of the Tanzania Court of Appeal Rules, 2009, with no order as to costs, as prayed by the appellant and unopposed by the respondents.
Court Disposition
appeal withdrawn
Orders
- Appeal withdrawn under Rule 102(1) of the Tanzania Court of Appeal Rules, 2009
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT ARUSHA (CORAM: MWANGESI, J.A., NDlKA, l.A., AND KITUSlr l.A.) CIVIL APPEAL NO.3 OF 2017 NAIN! NCHACHA .1: ••••••••••• 11 ••• 1111 •••• 11 ••• " ••• 11 ••••••••• 11 ••••••••••••••••••••• 111 ••••••••• APPELLANT VERSUS 1. NGASOMI LESHAI NDITlKA 2. TARETO LESHAI NDITlKA 3. ELIAMANI MAX NDITlKA .•••.••••••.•••.••••.•..•.•..........•.•.• RESPONDENTS 4. KIWANI LESHAI NDITlKA (Appeal from the decision of the High Court of Tanzania at Moshi) (Sumari, l.) dated the 17th day of November, 2015 in land Case No.4 of 2011 ORDER OF THE COURT NDlKA, l.A.: At the hearing of the appeal, Mr. Martin Kirasala, learned counsel, held brief for Mrs,_ Elizabeth Minde, learned advocate for the appellant. There was no appearance on the part of the respondents despite ix=ing served with the notice of the hearing on 8th February, 2019 through their advocate, Mr. David Shilatu. Nonetheless, before the hearing proceeded, Mr. Kirasala prayed for the withdrawal of the appeal under Rule 102 (1) of the Tanzania Court of Appeal 1 ----,------'._,----------- Rules, 2009 (the Rules) as amended any G.N. No. 362 of 2017 without any order as to costs. On our part, we accede to the appellant's prayer and, accordingly, mark the appeal withdrawn under Rule 102 (1) of the Rules. We make no order as to costs. It is so ordered. DATED at ARUSHA this 9th day of April, 2019. 5.5. MWANGESI JUSTICE OF APPEAL G.A.M. NDlKA JUSTICE OF APPEAL LP. KITUSI JUSTICE OF APPEAL I certify that this is a true copj of the original. 2 ---_ ----------~-- .---,_~--- -' ---_-- - ---------------------._-------