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Tanzania decisions
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The application was filed within the prescribed time, the applicant demonstrated substantial loss by showing he resides in the disputed property, and expressed willingness to furnish security for due performance; thus, the requirements for granting a stay of execution were met.
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The application was filed in contravention of Rule 24 of the Labour Court Rules, 2007, lacking required components; therefore, it is incompetent and must be struck out.
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Failure to annex a copy of the decree as required by rule 11(7)(b) renders the application incompetent and subject to being struck out.
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The application is incompetent because the applicant failed to attach a notice of intended execution as required by rule 11(7)(d) of the Tanzania Court of Appeal Rules, 2009, a mandatory procedural requirement.
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The Court of Appeal struck out a notice of appeal for failure to take an essential procedural step under Rule 90(5), awarding costs to the applicant.
The Court of Appeal struck out a notice of appeal after finding the respondents had not complied with the procedural steps required to institute their appeal.
The Court of Appeal held that the Solicitor-General could not appear for the applicant without complying with statutory notice and disclosure requirements.
Failure to comply with mandatory requirement under rule 90(5) to remind Registrar within prescribed period is not curable under overriding objective principle; notice of appeal must be struck out.
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Failure to attach the decree and notice of intended execution as required by Rule 11(7) of the Tanzania Court of Appeal Rules, 2009 renders the application incompetent and necessitates striking it out.
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The respondent failed to take essential steps to prosecute the intended appeal after being notified that proceedings were ready, and did not rebut the applicant's factual account, justifying striking out the notice of appeal under rule 89(2) of the Tanzania Court of Appeal Rules, 2009.
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