yunus kashakala vs anthony haji 2020 tzca 1830 30 october 2020

yunus kashakala vs anthony haji 2020 tzca 1830 30 october 2020

The respondent's failure to apply for and obtain leave to appeal to the Court of Appeal constitutes failure to take an essential step in prosecuting the appeal, warranting the striking out of the notice of appeal under Rule 89(2).

Citation
yunus kashakala vs anthony haji 2020 tzca 1830 30 october 2020
Parties
Applicant: Yunus Kashakala; Respondent: Anthony Haji
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 October 2020
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
Notice of appeal struck out with costs.
Legal Topics
Malicious Prosecution, Appeals, Leave to Appeal, Striking Out Notice of Appeal
Source Language
English
Civil Procedure Malicious Prosecution Appeals Leave to Appeal Striking Out Notice of Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Yunus Kashakala

Applicant

Anthony Haji

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the respondent failed to take essential steps in instituting the appeal, specifically applying for leave to appeal to the Court of Appeal

Ratio Decidendi

The respondent's failure to apply for and obtain leave to appeal to the Court of Appeal constitutes failure to take an essential step in prosecuting the appeal, warranting the striking out of the notice of appeal under Rule 89(2).

Court Disposition

Notice of appeal struck out with costs.

Orders

  • The notice of appeal lodged by the respondent on 4/9/2017 is struck out with costs.