The Respondent herein, was a losing party in Dar es Salaam High Court (Commercial Division) Misc. Commercial Cause No. 172 of 2013. The applicant herein, emerged a successful party. After lodging the necessary notice of appeal and, apparently, obtaining the requisite certificate issued by the Registrar of the High Court in terms of rule 90 (1) of the Tanzania Court of Appeal Rules, 2009 the Respondent instituted in this Court the now pending Civil Appeal No. 10 of 2015.
When the application was called on for hearing, advocate for the applicant sought to unearthed two defects attending the Respondent’s Notice of Appeal. Firstly, he pointed out that the High Court decision desired to be appealed against is dated 8/4/2014, but the Notice of Appeal as lodged indicates 7/4/2014. Secondly, he maintained that the Notice of Appeal was incorrectly made under rule 68 (1) (7) which governs Criminal Appeals instead of rule 83 (1) of the Rules which governs Civil Appeals. Upon this brief submission, Counsel for applicant invited the court to strike out Civil Appeal No. 10 of 2015 now pending before this Court, under rule 89 (2) of the Rules.