anthony ngoo another vs kitinda kimaro 2014 tzca 2139 17 march 2014

The certificate of delay was invalid as it was issued under repealed rules, and without a valid certificate, the appeal was filed out of time and is therefore incompetent.

Citation: anthony ngoo another vs kitinda kimaro 2014 tzca 2139 17 march 2014
Parties: Appellant: Anthony Ngoo; Appellant: Davis Anthony Ngoo; Respondent: Kitinda Kimaro
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 17 March 2014
Procedural Posture: Civil Appeal / Preliminary Objection Ruling
Outcome: appeal struck out as time-barred
Legal Topics: Certificate of Delay, Time Limitation, Appeal Competency
Source Language: English

Civil Procedure Certificate of Delay Time Limitation Appeal Competency

Case Brief

Summary, issues, holding and outcome

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Parties

Anthony Ngoo

Appellant

Davis Anthony Ngoo

Appellant

Kitinda Kimaro

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

1 Whether the certificate of delay issued under repealed rules invalidates the appeal
2 Whether the appeal is time-barred in absence of a valid certificate of delay

Ratio Decidendi

The certificate of delay was invalid as it was issued under repealed rules, and without a valid certificate, the appeal was filed out of time and is therefore incompetent.

Court Disposition

appeal struck out as time-barred

Orders

Appeal struck out for being time-barred
No order as to costs