RULING OF THE COURT
On 6th September 1996, Dodoma Fishing Company Limited, which we shall hereafter refer to as the respondent, issued a writ in rem against the motor vessel "Mama Otan," claiming possession of it on the ground that it is the owner of the vessel. The vessel was subsequently arrested.
On 3rd October, 1996, Roy Shipping S.A, which we shall hereafter refer to as the appellant, moved the High Court (Ang'awa J), for an order striking out the writ and for the release of "Mama Otan" from arrest on the ground that no action in rem lay because the respondent had neither a legal nor equitable right over the vessel as would entitle it to bring the action. However, Ang'awa J. declined to grant the orders for reasons which are not relevant in the motion before us, and thereby provoked this appeal.
In this motion the respondent has moved the court under rule 80 of this court's rules for an order striking out the appeal on the ground that no prior leave to appeal had been obtained in te…