CIVIL APPEAL NO 196 OF 2021 JOSEPHINE SAMSON KIWIA VS BANK OF AFRICA TANZANIA LIMITED 2 OTHERS

CIVIL APPEAL NO 196 OF 2021 JOSEPHINE SAMSON KIWIA VS BANK OF AFRICA TANZANIA LIMITED 2 OTHERS

The appeal was incompetent due to failure to serve the notice of appeal and the letter requesting certified copies on the respondents, making the certificate of delay invalid and the appeal time-barred.

Citation
CIVIL APPEAL NO 196 OF 2021 JOSEPHINE SAMSON KIWIA VS BANK OF AFRICA TANZANIA LIMITED 2 OTHERS
Parties
Appellant: Josephine Samson Kiwia; 1st Respondent: Bank of Africa Tanzania Limited; 2nd Respondent: Mabunda Auctioneer Mart Co. Ltd; 3rd Respondent: Vinci Group Limited; 4th Respondent: Mzalendo Auction Mart & Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out
Legal Topics
Service of Process, Appeal Timelines, Certificate of Delay, Incompetent Appeal
Source Language
English
Civil Procedure Land Law Service of Process Appeal Timelines Certificate of Delay Incompetent Appeal

Case Brief

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Parties

Josephine Samson Kiwia

Appellant

Bank of Africa Tanzania Limited

1st Respondent

Mabunda Auctioneer Mart Co. Ltd

2nd Respondent

Vinci Group Limited

3rd Respondent

Mzalendo Auction Mart & Company Limited

4th Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether failure to serve notice of appeal and related documents renders the appeal incompetent
  2. 2 Whether the certificate of delay was valid in the absence of service of the request letter to respondents
  3. 3 Whether the appeal was filed within the prescribed time

Ratio Decidendi

The appeal was incompetent due to failure to serve the notice of appeal and the letter requesting certified copies on the respondents, making the certificate of delay invalid and the appeal time-barred.

Court Disposition

appeal struck out

Orders

  • The appeal is struck out with no order as to costs.