20040204 TZCA Dar es Salaam

IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM . CIVIL APPLICATION NO. 31 OF 2002 In the Matter of an Intended Appeal BETWEEN T.K. ABU KIWANGA t/a ATEKAY ACCOUNTANTS & AUDITORS & INCOME TAX CONSULTANTS ......................... APPLICANT AND PRESIDENTIAL PARASTATAL SECTOR REFORM COMMISSION ..................... RESPONDENT (Application to strike out Notice of Appeal from the Ruling of the High Court of Tanzania at Dar es Salaam) (Chipeta, J.) dated the 12th day of September, 2001 in Civil Case No. 59 of 1998 RULING SAMATTA, C.J.: This is an application under Rule 82 of the Tanzania Court of Appeal Rules, 1979, to strike out the Notice of Appeal filed in the case on the ground, essentially, that no essential step, namely to file an· application for leave to appeal, has been taken. . ' " 2 Mr. Mponda, counsel for the Respondent has, very fairly conceded that, on the ground aforementioned, the intended appeal is now incompetent. I approve of the concession. Mr. Luguwa, counsel for the Applicant, has asked for costs of this application. I am unable to see anything which warrants depriving the Applicant his costs. The Respondent made an unreasonable decision not to withdraw the Notice of Appeal when that became the right decision to take; -he must suffer the consequences of that omission. In the result, the application to strike out the Notice of Appeal, which, as already pointed out, is not opposed, is hereby granted. The Respondent is condemned in costs. DATED at DAR ES SALAAM this 4th day of February, 2004. · B. A. SAMATTA CHIEF JUSTICE I certify that this is a true copy of the original. ( F. L. K. WAMBALI ) DEPUTY REGISTRAR