godfery nzowa vs seleman kova 2016 tzca 2072 26 february 2016

The certificate of delay was invalid due to referencing the wrong letter and not complying strictly with Rule 90(1), thus the appeal was filed out of time and is incompetent.

Citation: godfery nzowa vs seleman kova 2016 tzca 2072 26 february 2016
Parties: Appellant: Godfrey Nzowa; 1st Respondent: Seleman Kova; 2nd Respondent: Tanzania Building Agency
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 26 February 2016
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: appeal struck out as incompetent and time barred
Legal Topics: Time Bar, Certificate of Delay, Appeal Procedure, Costs
Source Language: English

Civil Procedure Land Law Time Bar Certificate of Delay Appeal Procedure Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Godfrey Nzowa

Appellant

Seleman Kova

1st Respondent

Tanzania Building Agency

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the appeal was filed within the prescribed time
2 Validity of the certificate of delay under Rule 90(1) of the Court of Appeal Rules, 2009
3 Entitlement to costs

Ratio Decidendi

The certificate of delay was invalid due to referencing the wrong letter and not complying strictly with Rule 90(1), thus the appeal was filed out of time and is incompetent.

Court Disposition

appeal struck out as incompetent and time barred

Orders

Appeal struck out with costs to both respondents