attorney general zanzibar vs jaku hashim ayoub another 2021 tzca 701 30 november 2021

attorney general zanzibar vs jaku hashim ayoub another 2021 tzca 701 30 november 2021

The appeal is time barred because the appellant failed to serve the letter requesting certified copy of proceedings on the respondents as required by Rule 90(3) of the Tanzania Court of Appeal Rules, 2009; consequently, the certificate of delay is invalid and the appeal must be struck out as incompetent.

Citation
attorney general zanzibar vs jaku hashim ayoub another 2021 tzca 701 30 november 2021
Parties
Appellant: Attorney General Zanzibar; 1st Respondent: Jaku Hashim Ayoub; 2nd Respondent: Zanzibar Petrogas Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 November 2021
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as time barred
Legal Topics
Time Bar, Certificate of Delay, Service of Documents, Striking Out Vs Dismissal
Source Language
English
Civil Procedure Appellate Practice Time Bar Certificate of Delay Service of Documents Striking Out Vs Dismissal

Case Brief

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Parties

Attorney General Zanzibar

Appellant

Jaku Hashim Ayoub

1st Respondent

Zanzibar Petrogas Limited

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the appeal is time barred due to non-service of the letter requesting certified proceedings on the respondents as required by Rule 90(3) of the Tanzania Court of Appeal Rules, 2009
  2. 2 Whether the appeal should be struck out or dismissed, and whether costs should be awarded

Ratio Decidendi

The appeal is time barred because the appellant failed to serve the letter requesting certified copy of proceedings on the respondents as required by Rule 90(3) of the Tanzania Court of Appeal Rules, 2009; consequently, the certificate of delay is invalid and the appeal must be struck out as incompetent.

Court Disposition

appeal struck out as time barred

Orders

  • The appeal is struck out for being time barred.
  • Each party shall bear its own costs.