20040227 TZCA Dar es Salaam
Failure to apply for extension of time when the process of obtaining leave to appeal exceeds the prescribed 60 days constitutes failure to take an essential step, justifying striking out the notice of appeal.
- Citation
- 20040227 TZCA Dar es Salaam
- Parties
- Applicant: Tanzania Harbours Authority; Respondent: Gerald Patrick; Respondent: Omari S. Pole
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 February 2004
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application granted
- Legal Topics
- Striking Out Notice of Appeal, Time Limits for Instituting Appeal, Extension of Time, Leave to Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Tanzania Harbours Authority
Applicant
Gerald Patrick
Respondent
Omari S. Pole
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether failure to institute an appeal within the prescribed time after being notified that proceedings are ready, due to pending application for leave to appeal, justifies striking out the notice of appeal under the Court Rules
Ratio Decidendi
Failure to apply for extension of time when the process of obtaining leave to appeal exceeds the prescribed 60 days constitutes failure to take an essential step, justifying striking out the notice of appeal.
Court Disposition
application granted
Orders
- notice of appeal lodged on 16.2.2001 is struck out with costs
Full Case Text
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