20101202 TZCA Mbeya

20101202 TZCA Mbeya

The respondent failed to seek leave to appeal within the prescribed period and took no further steps to prosecute the intended appeal, justifying the striking out of the notice of appeal.

Source-derived case information.

Citation
20101202 TZCA Mbeya
Parties
Applicant: Tunsume Ibole; Respondent: Stephen Mwangulilo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 December 2010
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Application allowed; notice of appeal struck out; no order as to costs.
Legal Topics
Striking Out Notice of Appeal, Failure to Prosecute Appeal, Compliance With Appellate Rules
Source Language
english
Civil Procedure Striking Out Notice of Appeal Failure to Prosecute Appeal Compliance With Appellate Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tunsume Ibole

Applicant

Stephen Mwangulilo

Respondent

Procedural Posture

Civil Application / Ruling on Application to Strike Out Notice of Appeal

Legal Issues

  1. 1 Whether the notice of appeal should be struck out for failure to take necessary steps to prosecute the appeal within the prescribed period

Ratio Decidendi

The respondent failed to seek leave to appeal within the prescribed period and took no further steps to prosecute the intended appeal, justifying the striking out of the notice of appeal.

Court Disposition

Application allowed; notice of appeal struck out; no order as to costs.

Orders

  • The notice of appeal filed on 19/11/2008 is struck out.
  • No order as to costs.