IN THE COURT OF APPEAL OF TANZANIA

AT ARUSHA

(CORAM: JUMA, Ag. CJ, MBAROUK, J.A. And MWANGESI, J.A.)

CIVIL APPLICATION NO. 39 OF 2015

LIONS SAFARI INTERNATIONAL LTD………………. APPLICANT

VERSUS
THE BOARD OF TRUSTEES OF
TANGANYIKA NATIONAL PARKS …………. RESPONDENT
(t/a TANZANIA NATIONAL PARKS

(Application to strike out the notice of appeal against the

Judgment of the High Court of Tanzania
at Arusha)
(Nyerere, J.)

dated the 21st day of June, 2012

in
Civil Case No. 7 of 1999
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ORDER OF THE COURT

MBAROUK, J.A.:

Before us is an application made by way of notice of

motion under Rules 89 (2) and 91 (a) of the Tanzania Court

of Appeal Rules, 2009 (the Rules) seeking for the order to

strike out the notice of appeal to the Court of Appeal of

Tanzania against the decision of Hon. Nyerere, J. dated 21 st

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June, 2012. In support of the notice of motion, the affidavit

of Akonaay S.M. O’hhay – Sang’ka was annexed thereto.

When the application was called on for hearing, it

transpired that, the learned advocate for the respondent

filed earlier on 27th July, 2017 a notice of not opposing the

application under Rule 4(2) (a) and (b) of the Rules. That

fact, let Mr. John Umbula, the learned advocate for the

applicant to submit that in view of the fact that, the

applicant is not opposing the application, he prayed for their

application to be granted and the notice of appeal filed by

the respondent dated 12th July, 2012 be struck out with

costs.

On his part, Mr. Ezra Mwaluko, learned advocate for

the respondent agreed that he has filed the notice of not

opposing this application. However, he prayed for his client

not to be condemned to costs as they have saved Court’s

time for not opposing the application. He also added that,

the issue of awarding costs is vested on the Court’s

discretion. However, he said if the Court is convinced to

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award costs, it should not award 100% costs, even half

costs will suffice.

In his rejoinder submission, Mr. Umbula reiterated his

earlier prayer to be awarded costs.

We on our part are of the considered opinion that it is

proper to accede to the prayer made by the applicant to

strike out the notice of appeal filed by the respondent on

12th July, 2012 against the decision of Hon. Nyerere, J. in

Civil Case No. 7 of 1999 dated to 21 st June, 2012. In the

event, this application is granted as prayed with costs.

DATED at ARUSHA this 03rd day of August,

2017

I.H. JUMA
Ag. CHIEF JUSTICE

M.S. MBAROUK
JUSTICE OF APPEAL

S.S. MWANGESI
JUSTICE OF APPEAL

I certify that this is a true copy of the original.

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 A.H. MSUMI
DEPUTY REGISTRAR
COURT OF APPEAL