Machano Hamis and 17 Others versus Commissioner of Police and 2 Others

Machano Hamis and 17 Others versus Commissioner of Police and 2 Others; Civil Appeal No 43 of 2010: Court of Appeal of Tanzania at Zanzibar (Unreported).

• Court of Appeal Rules

• Notice of Appeal – Notice of appeal not served to some Respondent until a preliminary objection was raised –Effect.

Held:-

(i) When a copy of notice of appeal is not served to the Respondent in time and the appellant fails to take some steps to remedy the defects until a preliminary objection is raised, the appeal cannot be saved.

(ii) Failure to serve notice of appeal within time nullifies the notice.