19890515 TZCA Zanzibar
The respondent's failure to take an essential step in the appeal process within the prescribed time justifies striking out the notice of appeal under Rule 82 of the Court of Appeal Rules.
Source-derived case information.
- Citation
- 19890515 TZCA Zanzibar
- Parties
- Applicant: Zuleikhar Habib Peera; Respondent: Yusuf Osman Kaderdina
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 15 May 1989
- Procedural Posture
- Civil Application / Application to Strike Out Notice of Appeal
- Outcome
- application allowed
- Legal Topics
- Notice of Appeal, Appeal Procedure, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zuleikhar Habib Peera
Applicant
Yusuf Osman Kaderdina
Respondent
Procedural Posture
Civil Application / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the respondent failed to take an essential step in the presentation of the appeal within the prescribed time
Ratio Decidendi
The respondent's failure to take an essential step in the appeal process within the prescribed time justifies striking out the notice of appeal under Rule 82 of the Court of Appeal Rules.
Court Disposition
application allowed
Orders
- Notice of Appeal is struck out under Rule 82 of the Court of Appeal Rules
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL.OF TANZANIA AT ZANZIBAR (1'1FALILA, Ago J,~Ao) CIVIL APPLICATION NO" 1 OF 1989 In the Matter of an Intended Appeal Between ZULEIKHAR HABIB PEERAooboooooooo~oAPPLIGANT . I 1 And YlJSUF OSMAN KADERDINAo" o." o": o o"" .. RE$P6NDENT _., (Application to have a Notice of Appeal ) • I struck out from the Decision of the High Court of Zanzibar) (Ramadhani, C.Jo(Z)) dated the 24th day of July, 1988 · in Civil · .ase Noo 18 of 1987 RULING l"IFALILA, Ag,, JoAo: The respondent failed to take an essential step in the presentation of the appeal withinr the pres6ribed time after filing the Notice of ;.Appeal, this application is therefore allowed and the Notice of .·Appeal is struck out under Rule 82 of the C~urt of Appeal Ruleso Lo Mo f1FALILA iAGo JUSTICE OJ? APPEAL I certify that this is a ~rue cODJ of the originalo ( ! . t,,, . ,· )· l../ (JnH• MS0ff~}