This application originates from Civil Case No 227 of 1996
which was instituted and determined in the High Court. The applicant succeeded
in her claim against the Respondent for non-payment of a total sum of Tshs.
80,141.878.45 plus interest and incidental costs as at 30th June,
1996. The sum accrued from a loan advanced to the Respondent pursuant to an
agreement entered by the parties dated 10th March, 1990. The
Respondent sought and obtained extension of time to file the notice of appeal.
On 12th April, 2011 she filed the notice of appeal to the Court in
which she desired to appeal against the impugned decision of the High Court.
However, the Respondent did not proceed with further processes in pursuing the
appeal and neither has she filed any appeal to the Court. In this application,
the applicant is moving the Court for orders that the notice of appeal lodged
by the Respondent on 12th April, 2011 be deemed withdrawn with costs
on account of the Respondent’s failure to institute an appeal within sixty days
prescribed by rule 90(1) of the Tanzania Court of Appeal Rules, 2009.