sikudhani amiri others vs ms safia ahmed okash 2014 tzca 234 10 september 2014
The application for withdrawal was granted as there was no objection from the respondent and the requirements of Rule 58(3) were satisfied.
Source-derived case information.
- Citation
- sikudhani amiri others vs ms safia ahmed okash 2014 tzca 234 10 september 2014
- Parties
- Applicant: Sikudhani Amiri and 82 Others; Respondent: Ms. Safia Ahmed Okash (Administrator of the late Ahmed Okashi)
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 10 September 2014
- Procedural Posture
- Civil Application / Application for Extension of Time; Withdrawal at Hearing
- Outcome
- Application withdrawn with no order as to costs
- Legal Topics
- Extension of Time, Withdrawal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sikudhani Amiri and 82 Others
Applicant
Ms. Safia Ahmed Okash (Administrator of the late Ahmed Okashi)
Respondent
Procedural Posture
Civil Application / Application for Extension of Time; Withdrawal at Hearing
Legal Issues
- 1 Whether the applicants should be granted leave to withdraw the application for extension of time to serve the notice of appeal
Ratio Decidendi
The application for withdrawal was granted as there was no objection from the respondent and the requirements of Rule 58(3) were satisfied.
Court Disposition
Application withdrawn with no order as to costs
Orders
- Application for withdrawal granted
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT ARUSHA CIVIL APPLICATION NO. 28 OF 2013 (C/F High Court Land Case No. 35 of 2012) SIKUDHANI AMIRI AND 82 O TH ERS............................................... APPLICANTS VERSUS MS. SAFIA AHMED OKASH (ADM. OF THE LATE AHMED OKASHI)......................................... RESPONDENT (Appeal from the Ruling/Order of the High Court of Tanzania at Arusha ( Massenai. 3.} Dated the 3rd day of June, 2013 in Land Case No. 35 of 2013 RULING 10th & 10th September, 2014 ORIYO. J.A.: At the hearing of the application for extension of time to serve the respondent with a copy of the Notice of Appeal, Mr. Kwagilwa, learned counsel, representing the 83 applicants, informed the Court that his clients do not wish to prosecute the application further. He prayed for leave to withdraw the application under Rule 58(1), of the Court Rules. Mr. Elvaison Maro, learned counsel for the respondent, had no objection to the application and he stated that he was not pressing for costs. In these circumstances, the Court grants the application for withdrawal in terms of Rule 58(3) of the Court Rules. I make no order for costs. DATED at ARUSHA this 10thday of September, 2014. K.K. ORIYO JUSTICE OF APPEAL I certify that this is a true copy of the original. . E. Y. MKWIZU DEPUTY REGISTRAR COURT OF APPEAL 2