michael lala vs tajiri njadu 2018 tzca 267 6 september 2018

Failure to serve the letter requesting proceedings on the respondent invalidated the certificate of delay, making the appeal out of time and incompetent.

Citation: michael lala vs tajiri njadu 2018 tzca 267 6 september 2018
Parties: Appellant: Michael Lala; Respondent: Tajiri Njadu
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 6 September 2018
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection Regarding Time Limitation
Outcome: appeal struck out with costs
Legal Topics: Appeal Out of Time, Certificate of Delay, Service of Documents
Source Language: English

Civil Procedure Appeal Out of Time Certificate of Delay Service of Documents

Case Brief

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Parties

Michael Lala

Appellant

Tajiri Njadu

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Regarding Time Limitation

Legal Issues

1 Whether the appeal was filed within the prescribed time limit
2 Whether failure to serve the letter requesting proceedings on the respondent invalidated the certificate of delay

Ratio Decidendi

Failure to serve the letter requesting proceedings on the respondent invalidated the certificate of delay, making the appeal out of time and incompetent.

Court Disposition

appeal struck out with costs

Orders

The appeal is struck out with costs to the respondent.