19901130 TZCA Dar es Salaam

19901130 TZCA Dar es Salaam

The court has power to restore a notice of appeal withdrawn by mistake under its inherent jurisdiction and Rule 3(2). The withdrawal in this case was induced by a mistaken view of the law by the Attorney General's subordinate, and the delay in realizing the mistake was not unreasonable. The notice of appeal was deemed withdrawn by operation of law under Rule 84, but sufficient grounds exist to restore it and grant extension of time and leave to appeal. Procedural objections regarding service of application for copies do not bar the grant of extension of time in these circumstances.

Citation
19901130 TZCA Dar es Salaam
Parties
Applicant/first Party: John Mwombeki Byombalirwa; Respondent/second Party: Regional Commissioner for Kagera Region and Regional Police Commander for Kagera Region
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 November 1990
Procedural Posture
Civil Application (consolidated) / Ruling on Consolidated Applications and Preliminary Objections
Outcome
Applications by the Second Party for restoration of notice of appeal, extension of time to apply for leave to appeal, leave to appeal, and extension of time to institute appeal are allowed with costs.
Legal Topics
Restoration of Notice of Appeal, Extension of Time, Leave to Appeal, Withdrawal of Appeal, Mandamus, Interest on Judgment Debt
Source Language
English
Civil Procedure Appellate Practice Restoration of Notice of Appeal Extension of Time Leave to Appeal Withdrawal of Appeal Mandamus Interest on Judgment Debt

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

John Mwombeki Byombalirwa

Applicant/first Party

Regional Commissioner for Kagera Region and Regional Police Commander for Kagera Region

Respondent/second Party

Procedural Posture

Civil Application (consolidated) / Ruling on Consolidated Applications and Preliminary Objections

Legal Issues

  1. 1 Whether the notice of appeal withdrawn by the Second Party could be restored
  2. 2 Whether extension of time to apply for leave to appeal and to institute appeal should be granted
  3. 3 Whether leave to appeal should be granted

Ratio Decidendi

The court has power to restore a notice of appeal withdrawn by mistake under its inherent jurisdiction and Rule 3(2). The withdrawal in this case was induced by a mistaken view of the law by the Attorney General's subordinate, and the delay in realizing the mistake was not unreasonable. The notice of appeal was deemed withdrawn by operation of law under Rule 84, but sufficient grounds exist to restore it and grant extension of time and leave to appeal. Procedural objections regarding service of application for copies do not bar the grant of extension of time in these circumstances.

Court Disposition

Applications by the Second Party for restoration of notice of appeal, extension of time to apply for leave to appeal, leave to appeal, and extension of time to institute appeal are allowed with costs.

Orders

  • The intended appeal shall be instituted within 60 days from delivery of this decision or from termination of any proceedings undertaken by the First Party consequent upon this ruling, or within such other period as may be further granted under Rule 8.
  • The period of 60 days shall exclude any period spent in obtaining copies of relevant proceedings for purposes of the intended appeal.