NA TZCA Dar es Salaam Stecy

NA TZCA Dar es Salaam Stecy

Failure to send a copy of the letter requesting proceedings to the respondent precludes reliance on the Registrar's certificate of delay, rendering the appeal time-barred and incompetent under rule 83 (2).

Citation
NA TZCA Dar es Salaam Stecy
Parties
Appellant: Abdallah Juma; 1st Respondent: Principal Commissioner of Prisons; 2nd Respondent: Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 March 2001
Procedural Posture
Civil Appeal / Ruling on Preliminary Issue
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Time Limits, Prerogative Orders, Certiorari, Mandamus
Source Language
English
Civil Procedure Appeal Time Limits Prerogative Orders Certiorari Mandamus

Case Brief

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Parties

Abdallah Juma

Appellant

Principal Commissioner of Prisons

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Issue

Legal Issues

  1. 1 Whether the appeal was instituted within the time prescribed under rule 83 (1) and (2) of the Court of Appeal Rules

Ratio Decidendi

Failure to send a copy of the letter requesting proceedings to the respondent precludes reliance on the Registrar's certificate of delay, rendering the appeal time-barred and incompetent under rule 83 (2).

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out
  • no order as to costs