Feruza vs Managing Director Pangea Mineral Ltd And Another (Civil Application 12 of 2015) [2016] TZCA 30 (17 October 2016);
IN THE COURT OF APPEAL OF TANZANIA
AT TABORA
(CORAM: MBAROUK.J.A ..LUANPA.J.A .. And MZIRAY. J.A.)
CIVIL APPLICATION NO. 12 OF 2015
MIKIDADI JUMA FERUZA……………………………………….APPLICANT
VERSUs
MANAGING DIRECTOR PANGEA MINERALS LTD
BUZWAGI GOLD MINE....................................................RESPONDENT
(Application for striking out the notice of appeal from the decision of the High Court of Tanzania at Tabora)
(Lukelelwa, J)
dated 12th day of September, 2013
in
Civil Appeal No. 27 of 2012
ORDER OF THE COURT
LUANDA, J.A.:
Initially Mr. Mgaya Mtaki learned counsel for the applicant prayed for the withdrawal of the application under Rule 58(1) of the Court of Appeal Rules, 2009 (the Court Rules). But when he was told that the application is incompetent for citing wrong provision of the Court Rules he conceded and prayed that the same be struck out with no order as to costs.
Mr. Stephen Hauli Legal Officer for the respondent had no objection for the striking out of the appeal.
Since the application in incompetent, the proper order to make is to strike it out.
The same is struck out with no order as to costs.
DATED at TABORA this 18th day of October, 2016.
M.S. MBAROUK
JUSTICE OF APPEAL
B. M. LUANDA
JUSTICE OF APPEAL
R.E.S. MZIRAY
JUSTICE OF APPEAL
I certify that this is a true copy of the original.
E.F. FUSSI
DEPUTY REGISTRAR
COURT OF APPEAL