Feruza v Managing Director Pangea Mineral Ltd and Another (Order of the Court) (Civil Application No. 12 of 2015) [2016] TZCA 10; (17 October 2016);

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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