saidi ibrahim and stephen raphael 1996 tzca 37 17 may 1996
Failure to institute the appeal within 60 days and failure to serve a copy of the letter requesting proceedings on the applicant is a fatal breach of mandatory procedural requirements, justifying striking out the notice of appeal.
- Citation
- saidi ibrahim and stephen raphael 1996 tzca 37 17 may 1996
- Parties
- Applicant: Saidi Ibrahim; Respondent: Stephen Raphael
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 17 May 1996
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- Application allowed; notice of appeal struck out.
- Legal Topics
- Striking Out Notice of Appeal, Time Limits for Instituting Appeal, Service of Documents
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Saidi Ibrahim
Applicant
Stephen Raphael
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether failure to institute appeal within 60 days and failure to serve copy of letter requesting proceedings entitles striking out of notice of appeal
Ratio Decidendi
Failure to institute the appeal within 60 days and failure to serve a copy of the letter requesting proceedings on the applicant is a fatal breach of mandatory procedural requirements, justifying striking out the notice of appeal.
Court Disposition
Application allowed; notice of appeal struck out.
Orders
- Notice of appeal struck out for failure to institute appeal within prescribed time.
- Respondent to bear costs of the application.
Full Case Text
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