20060829 TZCA Mbeya
The respondent failed to obtain a certificate on a point of law and did not file a memorandum of appeal for four years, thus failing to take necessary steps to prosecute the appeal. The notice of appeal is struck out under Rule 82 of the Court Rules, 1979.
- Citation
- 20060829 TZCA Mbeya
- Parties
- Applicant: Stenala Sijele; Respondent: Ruth Wilson
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 29 August 2006
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application allowed
- Legal Topics
- Striking Out Notice of Appeal, Failure to Prosecute Appeal, Requirement for Certificate on Point of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Stenala Sijele
Applicant
Ruth Wilson
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the respondent failed to take necessary steps to prosecute the appeal
- 2 Whether the notice of appeal should be struck out for non-compliance with procedural requirements
Ratio Decidendi
The respondent failed to obtain a certificate on a point of law and did not file a memorandum of appeal for four years, thus failing to take necessary steps to prosecute the appeal. The notice of appeal is struck out under Rule 82 of the Court Rules, 1979.
Court Disposition
application allowed
Orders
- Notice of Appeal struck out under Rule 82 of the Court Rules, 1979
- Applicant awarded costs
Full Case Text
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