| dc.contributor.author | MWAMBEGELE, LEVIRA, J.A. And RUMANYIKA. J.A. J.A | |
| dc.date.accessioned | 2023-05-03T05:35:31Z | |
| dc.date.available | 2023-05-03T05:35:31Z | |
| dc.date.issued | 2022-09-02 | |
| dc.identifier.uri | http://localhost/handle/123456789/1160 | |
| dc.description | MAIMUNA RAJAB SOKA VS. TUWAHA SAMSON MUZE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (Mwambegele, Levira and Rumanyika JJ.A)
CIVIL APPLICATION NO. 103/01 OF 2021
(Application to strike out notice of appeal)
Civil Procedure and Practice- Application- Affidavit- what is the status of the facts in the affidavit mentioning another person in absence of that person affidavit?
Civil Procedure and Practice- Appeal- Notice of Appeal- Whether failure to lodge letter requesting documents and serve the respondent amounts to failure to prosecute an appeal?
Facts;
The applicant has moved the Court by way of notice of motion preferred under Rule 89 (2) of the Tanzania Court of Appeal Rules 2009, to strike out the notice of appeal lodged by the respondent on 19th November 2019 on the ground that, no appeal lies or that essential step has not been taken by the respondent to prosecute the intended appeal.
The matter arose from the matrimonial dispute in which their marriage was dissolved by the District Court of Kinondoni (the trial Court) in Matrimonial Cause No. 66 of 2017. The respondent was aggrieved by the decision of the trial court. Therefore, he appealed to the High Court in Civil Appeal No. 10 of 2019 which was unsuccessful. It is the applicant's contention in this application that since the filling of the notice of appeal that the respondent has not taken further steps to prosecute his appeal according to the law.
Held;
1. Where an Affidavit mentions another person, it will be hearsay unless there is an affidavit of that other person supporting the fact.
2. Where the intending appellant has lodged notice of appeal and failed to lodge an appeal with sixty days (60) and serve the respondent with letter requesting documents from the registrar as intimated under Rule 90(1) and 90(3) of the Court of Appeal Rules, 2009 amount to failure to take essential step to prosecute the intended appeal.
Application was granted with no order as to costs.
Statutory provision referred to ;
1. Court of Appeal Rules, 2009, Rules 90(1), 90(3) | en_US |
| dc.description.abstract | 1.Where an Affidavit mentions another person, it will be hearsay unless there is an affidavit of that other person supporting the fact.
2.Where the intending appellant has lodged notice of appeal and failed to lodge an appeal with sixty days (60) and serve the respondent with letter requesting documents from the registrar as intimated under Rule 90(1) and 90(3) of the Court of Appeal Rules, 2009 amount to failure to take essential step to prosecute the intended appeal.
Application was granted with no order as to costs | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM. | en_US |
| dc.subject | DAR ES SALAAM. | en_US |
| dc.title | MAIMUNA RAJABU SOKA V.S TUWAHA SAMSON MUZE CIVIL APPLICATION NO. 103/01 OF 2021 | en_US |
| dc.title.alternative | CIVIL APPLICATION NO. 103/01 OF 2021. | en_US |
