The High Court passed a decree in favour of the Respondent
in the sum of Tshs. 2,700,000/=, in addition to the principal sum, to pay
interest at commercial rate from 1983 to the time of filing of the suit as well
as paying interest at 10% from the date of judgment till the date of full
payment. The Defendant was aggrieved by that decision and preferred an appeal
to the Court of Appeal. Following the lodging of the notice of appeal and
memorandum of appeal by the Appellant, the Respondent filed a notice of cross –
appeal. The notice of appeal was struck out as being time barred. The question
that arose related to the status of the cross-appeal after the notice of appeal
had been struck out.