jacob bushiri vs mwanza city council others 2021 tzca 300 14 july 2021

jacob bushiri vs mwanza city council others 2021 tzca 300 14 july 2021

The appeal is time-barred because the appellant failed to serve the letter requesting for proceedings on the respondents, making the certificate of delay invalid and disentitling the appellant from exclusion of time under Rule 90(1); this is a jurisdictional defect not curable by the overriding objective principle.

Citation
jacob bushiri vs mwanza city council others 2021 tzca 300 14 july 2021
Parties
Appellant: Jacob Bushiri; 1st Respondent: Mwanza City Council; 2nd Respondent: Abdul Mziray; 3rd Respondent: Thobias Andrew
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 July 2021
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Appeal struck out as time-barred
Legal Topics
Appeals, Limitation Periods, Certificate of Delay, Service of Documents, Jurisdiction
Source Language
English
Civil Procedure Land Law Appeals Limitation Periods Certificate of Delay Service of Documents Jurisdiction

Case Brief

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Parties

Jacob Bushiri

Appellant

Mwanza City Council

1st Respondent

Abdul Mziray

2nd Respondent

Thobias Andrew

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to serve the letter requesting for proceedings on respondents disentitles the appellant from relying on the certificate of delay and renders the appeal time-barred
  2. 2 Whether the defect is curable under the overriding objective principle

Ratio Decidendi

The appeal is time-barred because the appellant failed to serve the letter requesting for proceedings on the respondents, making the certificate of delay invalid and disentitling the appellant from exclusion of time under Rule 90(1); this is a jurisdictional defect not curable by the overriding objective principle.

Court Disposition

Appeal struck out as time-barred

Orders

  • Appeal struck out with costs to the respondents for appearance only