Attanas Simon versus Kabanga Nickel Co. Ltd

Attanas Simon versus Kabanga Nickel Co. Ltd; Civil Applied No 1 of 2014:  Court of Appeal of Tanzania at Bukoba (Unreported)

• Court of Appeal Rules

• Notice of appeal-application to strike out notice of appeal for failure to institute an appeal within time-Whether proper. 

Held:-

When an intended appellant fails to institute an appeal within the prescribed period, the notice is deemed withdrawn. That is to say, it is deemed to have been withdrawn with costs to the applicant upon the expiry of the prescribed period for instituting the appeal. Therefore, if the period has expired one cannot make an application for striking out notice of appeal that does not exist.