samwel mgonja vs total t limited 2018 tzca 383 8 february 2018

samwel mgonja vs total t limited 2018 tzca 383 8 february 2018

The respondent, having complied with Rule 90 by timely applying for documents and copying the request to the applicant, cannot be legally blamed for not prosecuting the appeal when the court failed to supply the documents or inform the respondent they were ready; thus, Rule 89(2) cannot be engaged to strike out the notice of appeal.

Citation
samwel mgonja vs total t limited 2018 tzca 383 8 february 2018
Parties
Applicant: Samwel Mgonja; Respondent: Total (T) Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 February 2018
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application dismissed with costs.
Legal Topics
Appeals, Notice of Appeal, Court Registry Practice
Source Language
English
Civil Procedure Appeals Notice of Appeal Court Registry Practice

Case Brief

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Parties

Samwel Mgonja

Applicant

Total (T) Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the respondent failed to take essential steps to prosecute the appeal by not lodging the appeal within the prescribed period after documents were ready for collection

Ratio Decidendi

The respondent, having complied with Rule 90 by timely applying for documents and copying the request to the applicant, cannot be legally blamed for not prosecuting the appeal when the court failed to supply the documents or inform the respondent they were ready; thus, Rule 89(2) cannot be engaged to strike out the notice of appeal.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed
  • Costs awarded to respondent