20160725 TZCA Arusha 1

20160725 TZCA Arusha 1

Applicants had not been served with the notice of appeal, disqualifying them from invoking Rule 89(2); the notice of appeal is deemed withdrawn under Rule 91(a) due to failure to institute appeal within prescribed time.

Source-derived case information.

Citation
20160725 TZCA Arusha 1
Parties
Applicant: Ramadhani Maabadi; Applicant: Hamadi Maabadi; Respondent: Maka Serafini
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 July 2016
Procedural Posture
Civil Application / Ruling on Preliminary Objection and Application
Outcome
application struck out; notice of appeal deemed withdrawn
Legal Topics
Notice of Appeal, Striking Out Applications, Service of Process, Withdrawal of Appeal
Source Language
english
Civil Procedure Notice of Appeal Striking Out Applications Service of Process Withdrawal of Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ramadhani Maabadi

Applicant

Hamadi Maabadi

Applicant

Maka Serafini

Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection and Application

Legal Issues

  1. 1 Whether applicants have locus standi to move the Court under Rule 89(2) without being served with notice of appeal
  2. 2 Whether the notice of appeal should be deemed withdrawn under Rule 91(a) due to failure to take essential steps

Ratio Decidendi

Applicants had not been served with the notice of appeal, disqualifying them from invoking Rule 89(2); the notice of appeal is deemed withdrawn under Rule 91(a) due to failure to institute appeal within prescribed time.

Court Disposition

application struck out; notice of appeal deemed withdrawn

Orders

  • The application is struck out.
  • The notice of appeal is deemed withdrawn upon expiry of sixty days after lodging.