zakaria oggo vs ashura abdul another 2018 tzca 599 10 october 2018

zakaria oggo vs ashura abdul another 2018 tzca 599 10 october 2018

Respondents took essential steps to pursue the appeal, including timely correspondence with the Registrar and obtaining a certificate of delay; delays were attributable to the court, not the respondents. The application to strike out the notice of appeal is without merit.

Citation
zakaria oggo vs ashura abdul another 2018 tzca 599 10 october 2018
Parties
Applicant: Zakaria Oggo; 1st Respondent: Ashura Abdul; 2nd Respondent: Mohamed Swedi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 October 2018
Procedural Posture
Civil Application / Ruling on Application to Strike Out Notice of Appeal
Outcome
application dismissed with costs
Legal Topics
Striking Out Notice of Appeal, Essential Steps in Appeal Process, Certificate of Delay
Source Language
English
Civil Procedure Land Law Striking Out Notice of Appeal Essential Steps in Appeal Process Certificate of Delay

Case Brief

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Parties

Zakaria Oggo

Applicant

Ashura Abdul

1st Respondent

Mohamed Swedi

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the respondents failed to take essential steps to pursue an appeal under Rule 89(2) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

Respondents took essential steps to pursue the appeal, including timely correspondence with the Registrar and obtaining a certificate of delay; delays were attributable to the court, not the respondents. The application to strike out the notice of appeal is without merit.

Court Disposition

application dismissed with costs

Orders

  • application dismissed with costs