20170222 TZCA Arusha2

20170222 TZCA Arusha2

The appellant failed to comply with the court's order to amend the existing record of appeal by filing a fresh record instead, which is not an amendment. As the order was not complied with, the appeal must be struck out.

Citation
20170222 TZCA Arusha2
Parties
Appellant: Onesmo Nangol'e; 1st Respondent: Dr. Steven Lemomo Kiruswa; 2nd Respondent (intended): The Honourable Attorney General; 3rd Respondent (intended): The Returning Officer for Longido Parliamentary Constituency
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 February 2017
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Amendment of Court Records, Joinder of Necessary Parties, Compliance With Court Orders, Striking Out Appeals
Source Language
English
Civil Procedure Election Law Amendment of Court Records Joinder of Necessary Parties Compliance With Court Orders Striking Out Appeals

Case Brief

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Parties

Onesmo Nangol'e

Appellant

Dr. Steven Lemomo Kiruswa

1st Respondent

The Honourable Attorney General

2nd Respondent (intended)

The Returning Officer for Longido Parliamentary Constituency

3rd Respondent (intended)

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appellant complied with the court's order to amend the record of appeal
  2. 2 Whether filing a fresh record instead of amending the existing one is proper
  3. 3 Whether failure to indicate addresses of service is fatal to the appeal

Ratio Decidendi

The appellant failed to comply with the court's order to amend the existing record of appeal by filing a fresh record instead, which is not an amendment. As the order was not complied with, the appeal must be struck out.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out under Rule 4(2)(a) of the Rules with costs to the 1st respondent.
  • Costs certified for one advocate only.