Mlay vs Lauwo & Others (Civil Appeal No. 118 of 2016) [2016] TZCA 118 (18 October 2016)
Judgment
Mlay vs Lauwo & Others (Civil Appeal No. 118 of 2016) [2016] TZCA 118 (18 October 2016)
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Mlay vs Lauwo & Others (Civil Appeal No. 118 of 2016) [2016] TZCA 118 (18 October 2016)
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Citation Mlay vs Lauwo & Others (Civil Appeal No. 118 of 2016) [2016] TZCA 118 (18 October 2016) Copy Media Neutral Citation [2016] TZCA 118 Copy Court Court of Appeal of Tanzania Court registry Court of Appeal Arusha Registry Case number Civil Appeal No. 118 of 2016 Judges Mjasiri, J.A., Juma, J.A., Mussa, J.A. Judgment date 18 October 2016 Language English
Summary
Appellant's appeal withdrawn for lack of mandatory High Court leave; appeal marked withdrawn and no costs ordered.
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- Civil procedure — Appeal/leave — Withdrawal of appeal — Rule 4(2)(a) Court of Appeal Rules, 2009
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IN THE COURT OF APPEAL OF TANZANIA
AT ARUSHA
(CORAM: MJASIRI, J.A., MUSSA, J.A ,And JUMA, J.A.)** CIVIL APPEAL NO. 118 OF 2016**
HAROLD EMMANUEL MATHAYO MLAY……………………….APPELLANT
VERSUS
1. HELLEN DANIEL LAUWO………………………….1ST RESPONDENT
2. HEDAL GENERAL SUPPLIES CO. LTD……………..RESPONDENT
3. STANDARD CHARTERED BANK (TANZANIA) LIMITED ………3RD RESPONDENT
4. YONO AUCTION MART & COURT BROKERS Ltd…………..4TH RESPONDENT
5. SILVER PALM KHOTEL TANZANIA LIMITED………………5TH RESPONDENT
(Application from the Ruling and Orders of the High Court of Tanzania at Arusha)
(Massengi ,J.)
Dated 15th day of September, 2015 in
Land Case No. 59 of 2014
ORDER OF THE COURT
JUMA, J.A.:
When this appeal came up for hearing today, the appellant appeared in person, his learned counsel, Mr. Wilson Jacob Mallya having earlier written a letter to withdraw his representation of the appellant in this appeal.
After a brief interaction with the Court over the mandatory requirement of prior leave of the High Court, which is missing out in this appeal, the appellant prayed for withdrawal. He explained that the withdrawal of his appeal will enable him to come back to the Court with a properly constituted record of appeal.
Mr. Nicholas Munuo, the learned counsel who appeared for the first and second respondents, supported the prayer for withdrawal.
The prayer for withdrawal had the full support of Mr. Edwin Lyaro learned counsel for third and fourth respondents who also did not press for costs.
On his part, Mr. Gwakisa Samba learned counsel who appeared together with Mr. panga Kimmaay, for the fifth respondent, had no objection.
On our part, we think the best interests of justice will be served if the prayer for withdrawal is granted. This appeal is as a result marked withdrawn under Rule 4 (2) (a) of the Court of Appeal Rules, 2009. There shall be no order as to costs.
**DATED at ARUSHA **this 18th day of October, 2016.
S. MJAS RI
JUSTICE OF APPEAL
K. M. MUSSA
JUSTICE OF APPEAL
I. H. JUMA
JUSTICE OF APPEAL
I certify that this is a true copy of the original.
B. R. NYAKI
DEPUTY REGISTRAR
COURT OF APPEAL
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