MAHIKU A. MAHARAGANDE V.S NYAMUHIKA A. MAHARAGANDE

Abstract

The applicant through the services of Mr. Fulgence Massawe, learned advocate filed a Notice of Motion under Rule 89 (2) of the Tanzania Court of Appeal Rules 2009 ("the Rules) seeking an order of the Court that the notice of appeal filed by the respondent on 10th July, 2012 against the judgment and decree in PC Civil Appeal No. 7 of 2009 be struck out as no appeal lies or that some essential steps in the proceedings have not been taken by the respondent to institute the appeal despite being supplied with all documents necessary for instituting the intended appeal. The notice of motion is supported by an affidavit of the applicant.