crdb bank plc vs true color ltd another 2021 tzca 184 7 may 2021

Parties

Procedural Posture

Civil Appeal / Ruling on Preliminary Objections Before Hearing of Appeal

Legal Issues

1. 1 Whether the certificate of delay issued was defective under Rule 90(1) and Form L of the Tanzania Court of Appeal Rules, 2019
2. 2 Effect of a defective certificate of delay on the competence and timeliness of the appeal
3. 3 Whether the overriding objective principle can be invoked to allow rectification of a defective certificate of delay

Ratio Decidendi

The certificate of delay was defective for indicating two starting dates and omitting the aggregate number of days excluded, contrary to mandatory procedural requirements. However, in the interest of justice and guided by the overriding objective principle, the appellant is allowed to obtain a valid certificate of delay and file it within thirty days, rather than having the appeal struck out.

Court Disposition

Appellant granted leave to obtain and file a valid certificate of delay within thirty days; hearing adjourned.

Orders

• Appellant to obtain a valid certificate of delay from the Registrar of the High Court and lodge it within thirty days from the date of the ruling.
• Hearing of the appeal adjourned to a date to be fixed by the Registrar.