makame vuai ussi vs john moses paul others 2012 tzca 208 13 december 2012

makame vuai ussi vs john moses paul others 2012 tzca 208 13 december 2012

The appeal was struck out because the certificate of delay was invalid, not applicable to the instant appeal, and issued after the appeal was lodged, rendering the appeal time barred.

Citation
makame vuai ussi vs john moses paul others 2012 tzca 208 13 december 2012
Parties
Appellant: Makame Vuai Ussi; Respondent: John Moses Paul; Respondent: Palm Leaves Tourism Ltd; Respondent: Registrar of Companies (Z)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 December 2012
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out with costs
Legal Topics
Certificate of Delay, Time Limitation, Appeal Procedure
Source Language
English
Civil Procedure Certificate of Delay Time Limitation Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Makame Vuai Ussi

Appellant

John Moses Paul

Respondent

Palm Leaves Tourism Ltd

Respondent

Registrar of Companies (Z)

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the certificate of delay was valid and applicable to the instant appeal
  2. 2 Whether the appeal was time barred in the absence of a valid certificate of delay

Ratio Decidendi

The appeal was struck out because the certificate of delay was invalid, not applicable to the instant appeal, and issued after the appeal was lodged, rendering the appeal time barred.

Court Disposition

appeal struck out with costs

Orders

  • preliminary objection upheld
  • appeal struck out