hamisi mdida another vs registered trustees of islamic foundation 2020 tzca 1918 17 december 2020

hamisi mdida another vs registered trustees of islamic foundation 2020 tzca 1918 17 december 2020

The certificate of delay issued by the Deputy Registrar of the High Court was fatally defective as it failed to indicate the date of notification to the appellants that the proceedings were ready for collection and erroneously excluded periods relating to proceedings in the Court of Appeal, rendering the appeal incompetent and time barred under Rule 90(1) of the Tanzania Court of Appeal Rules, 2009.

Citation
hamisi mdida another vs registered trustees of islamic foundation 2020 tzca 1918 17 december 2020
Parties
Appellant: Hamisi Mdida; Appellant: Saidi Mbogo; Respondent: The Registered Trustees of Islamic Foundation
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 December 2020
Procedural Posture
Civil Appeal / Ruling on Timeliness and Competence of Appeal
Outcome
appeal struck out
Legal Topics
Certificate of Delay, Appeal Timeliness, Computation of Limitation Period, High Court Proceedings, Court of Appeal Rules
Source Language
English
Civil Procedure Land Law Certificate of Delay Appeal Timeliness Computation of Limitation Period High Court Proceedings Court of Appeal Rules

Case Brief

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Parties

Hamisi Mdida

Appellant

Saidi Mbogo

Appellant

The Registered Trustees of Islamic Foundation

Respondent

Procedural Posture

Civil Appeal / Ruling on Timeliness and Competence of Appeal

Legal Issues

  1. 1 Whether the certificate of delay issued by the Registrar of the High Court was valid for purposes of excluding time in computing the limitation period for lodging the appeal
  2. 2 Whether the appeal was lodged within the prescribed period of sixty days as required by Rule 90(1) of the Tanzania Court of Appeal Rules, 2009

Ratio Decidendi

The certificate of delay issued by the Deputy Registrar of the High Court was fatally defective as it failed to indicate the date of notification to the appellants that the proceedings were ready for collection and erroneously excluded periods relating to proceedings in the Court of Appeal, rendering the appeal incompetent and time barred under Rule 90(1) of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

appeal struck out

Orders

  • Appeal struck out for being incompetent and time barred.
  • Each party to bear their own costs.