20081201 TZCA Dodoma
The respondent's failure to apply for a copy of proceedings within thirty days and to serve the applicant with a copy of the application as required by Rule 83 rendered the notice of appeal incompetent.
- Citation
- 20081201 TZCA Dodoma
- Parties
- Applicant: Stanslaus Nyange; Respondent: Capital Development Authority
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 December 2008
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application allowed
- Legal Topics
- Appeals, Notice of Appeal, Compliance With Procedural Rules
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Stanslaus Nyange
Applicant
Capital Development Authority
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the respondent complied with Rule 83 of the Court of Appeal Rules, 1979 regarding timely filing of appeal and service of application for proceedings
Ratio Decidendi
The respondent's failure to apply for a copy of proceedings within thirty days and to serve the applicant with a copy of the application as required by Rule 83 rendered the notice of appeal incompetent.
Court Disposition
application allowed
Orders
- notice of appeal struck out with costs
Full Case Text
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