williamson dimonds ltd vs yohana mazengo others 2012 tzca 243 8 march 2012
The notice of appeal was struck out because the respondents failed to take any further steps in the proceedings for nearly 8 years, and the omission in the notice of motion was a curable defect as the grounds were substantially stated.
- Citation
- williamson dimonds ltd vs yohana mazengo others 2012 tzca 243 8 march 2012
- Parties
- Applicant: Williamson Diamonds Ltd; Respondents: Yohana Mazengo and 210 others
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 8 March 2012
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application granted
- Legal Topics
- Striking Out Notice of Appeal, Delay in Prosecution, Procedural Compliance
- Source Language
- English
Case Brief
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Parties
Williamson Diamonds Ltd
Applicant
Yohana Mazengo and 210 others
Respondents
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal should be struck out for want of prosecution
- 2 Whether omission of the word 'grounds' in the notice of motion is fatal
Ratio Decidendi
The notice of appeal was struck out because the respondents failed to take any further steps in the proceedings for nearly 8 years, and the omission in the notice of motion was a curable defect as the grounds were substantially stated.
Court Disposition
application granted
Orders
- Notice of appeal filed on 19th October, 2004 struck out for want of prosecution
- No order as to costs
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