SWAFIYA ABDALL & FATUMA SWALEH V. BAHATI TEMO & 6 OTHERS

RULING OF THE COURT

The applicants Swafiya Abdalla and Fatuma Swaleh filed a Notice of Motion dated 4^th July 2018 in Civil Application No. 82 of 2018.Bahati Temo, William Mjape, Stephen Kahindi Mwadzani, Charles Charo, Johnson Koya, Kesi Mjape and Robert Lugo were named as the respondents. In the motion the applicants sought the following orders:-

“(i) That notice of appeal dated 23^rd April, 2018 is struck out as it was never served on the applicants or their advocate on record in the matter, or upon any other party likely to be affected by the intended appeal.

ii. The notice of motion application dated 30.4.2018 is struck out as it is grounded on an incompetent and unserved notice of appeal, and consequently the court’s jurisdiction is not properly invoked;”

The motion was supported by an affidavit sworn on 4^th July 2018 by the two applicants in which they deponed that whereas the respondents filed a notice of appeal dated 23^rd April 2018 they have never been served with the said notice …