silas simba vs editor mfanyakazi newspaper and another 2002 tzca 8 22 august 2002

silas simba vs editor mfanyakazi newspaper and another 2002 tzca 8 22 august 2002

The Court found that both respondents were served with the required documents, accepting the affidavits and diary entries as sufficient evidence, and dismissed the preliminary objection seeking to strike out the notice of appeal.

Citation
silas simba vs editor mfanyakazi newspaper and another 2002 tzca 8 22 august 2002
Parties
Appellant: Silas Simba; Respondent: Editor Mfanyakazi Nsuspabs3; Respondent: Mahamudi Mwinyi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 August 2002
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Before Hearing on Merits
Outcome
Preliminary objection dismissed with costs; appeal to proceed to hearing on merits.
Legal Topics
Service of Process, Preliminary Objection, Appeals Procedure
Source Language
English
Civil Procedure Service of Process Preliminary Objection Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Silas Simba

Appellant

Editor Mfanyakazi Nsuspabs3

Respondent

Mahamudi Mwinyi

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Before Hearing on Merits

Legal Issues

  1. 1 Whether the respondents were properly served with the notice of appeal and record of appeal as required by Rules 77(1) and 90(1) of the Court of Appeal Rules
  2. 2 Whether failure to serve the documents warranted striking out the notice of appeal

Ratio Decidendi

The Court found that both respondents were served with the required documents, accepting the affidavits and diary entries as sufficient evidence, and dismissed the preliminary objection seeking to strike out the notice of appeal.

Court Disposition

Preliminary objection dismissed with costs; appeal to proceed to hearing on merits.

Orders

  • Preliminary objection dismissed with costs
  • Appeal to proceed to hearing on merits