majura magafu another vs the managing editor majira newspaper another 2018 tzca 264 11 september 2018

majura magafu another vs the managing editor majira newspaper another 2018 tzca 264 11 september 2018

The application was incompetent due to non-citation of the proper enabling provisions as required by Rule 48(1) of the Tanzania Court of Appeal Rules; Rule 91(a) could not be invoked to strike out a notice of appeal for failure to take essential steps.

Citation
majura magafu another vs the managing editor majira newspaper another 2018 tzca 264 11 september 2018
Parties
First Applicant: Maiura Magafu; Second Applicant: Peter Swai; First Respondent: The Managing Editor, Majira Newspaper; Second Respondent: Businesstimes Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 September 2018
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
application struck out as incompetent
Legal Topics
Notice of Appeal, Striking Out Applications, Court of Appeal Rules, Competence of Application
Source Language
English
Civil Procedure Notice of Appeal Striking Out Applications Court of Appeal Rules Competence of Application

Case Brief

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Parties

Maiura Magafu

First Applicant

Peter Swai

Second Applicant

The Managing Editor, Majira Newspaper

First Respondent

Businesstimes Limited

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application to strike out the notice of appeal was competent for non-citation of proper enabling provisions
  2. 2 Whether Rule 91(a) of the Tanzania Court of Appeal Rules could be invoked to strike out a notice of appeal for failure to take essential steps

Ratio Decidendi

The application was incompetent due to non-citation of the proper enabling provisions as required by Rule 48(1) of the Tanzania Court of Appeal Rules; Rule 91(a) could not be invoked to strike out a notice of appeal for failure to take essential steps.

Court Disposition

application struck out as incompetent

Orders

  • The application is struck out for incompetence.
  • No order as to costs.