20180220 TZCA Dar es Salaam2

20180220 TZCA Dar es Salaam2

The Certificate of Delay was invalid as it referred to the respondent, not the appellant, and thus could not be relied upon to exclude time. Without a valid certificate, the appeal was filed out of time and is incompetent.

Citation
20180220 TZCA Dar es Salaam2
Parties
Appellant: Abdallah Mbaraka Nahdi; Respondent: Mansour Industries Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 February 2018
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Certificate of Delay, Time Limitation, Preliminary Objection, Costs
Source Language
English
Civil Procedure Certificate of Delay Time Limitation Preliminary Objection Costs

Case Brief

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Parties

Abdallah Mbaraka Nahdi

Appellant

Mansour Industries Ltd

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Certificate of Delay was valid and could be relied upon to exclude time in filing the appeal
  2. 2 Whether the appeal was filed within the prescribed time limit

Ratio Decidendi

The Certificate of Delay was invalid as it referred to the respondent, not the appellant, and thus could not be relied upon to exclude time. Without a valid certificate, the appeal was filed out of time and is incompetent.

Court Disposition

appeal struck out with costs

Orders

  • The present appeal is struck out with costs to the respondent.