Abdulrzack Omary Laizer And Another Vs Maria Idd, Civil Application No.28 Of 2014, In The Court Of Appeal Of Tanzania At Arusha, [Unreported] Pp 4-7 (Coram: Mjasiri. J.A. Kailage, J.A. And Mussa, J.A.

Abstract

That rule 4(2) (a) of the Rules could validly be resorted to in situations for which no provision is made under the Rules.An intending appellant shall, before, or within fourteen days after lodging a notice of appeal, serve copies of it on all persons who seem to him to be directly affected by the appeal; but the Court may, on an ex-parte application direct that service need not be effected on any person who took no part in the proceedings in the High Court.That under rule 89(2) of the Rules subject to the provisions of sub-rule (1), a respondent or other person on whom a notice of appeal has been served may at any time, either before or after the institution of the appeal, apply to the Court to strike out the notice of appeal as the case may be, on the ground that no appeal lies or that some essential step in the proceedings has not been taken within the prescribed time.That a relief envisaged under rule 89(2) of the Rules does not cover the applicants herein who were not served with the Notice of appeal in terms of rule 84(1) of the Rules