cecilia justine temba vs national housing corporation others 2021 tzca 33 25 february 2021

cecilia justine temba vs national housing corporation others 2021 tzca 33 25 february 2021

The certificate of delay was defective as it computed time from the date of the letter rather than the date of lodgement and failed to expressly exclude the computed period; the record of appeal was incomplete due to improper inclusion of exhibit D1; the defects are curable and the appellant is granted 30 days to rectify them.

Citation
cecilia justine temba vs national housing corporation others 2021 tzca 33 25 february 2021
Parties
Appellant: Mrs. Cecilia Justine Temba; 1st Respondent: The National Housing Corporation; 2nd Respondent: M/S Yono Auction Mart and Co. Limited; 3rd Respondent: Thobias Loishiye Laizer
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 February 2021
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Appellant ordered to rectify defects within 30 days; costs to abide outcome of appeal.
Legal Topics
Appeals, Certificate of Delay, Record of Appeal, Exclusion of Documents, Computation of Time
Source Language
English
Civil Procedure Land Law Appeals Certificate of Delay Record of Appeal Exclusion of Documents Computation of Time

Case Brief

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Parties

Mrs. Cecilia Justine Temba

Appellant

The National Housing Corporation

1st Respondent

M/S Yono Auction Mart and Co. Limited

2nd Respondent

Thobias Loishiye Laizer

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the certificate of delay was properly computed and excluded the correct period as required by Rule 90(1) of the Court Rules
  2. 2 Whether the record of appeal was incomplete due to omission of exhibits P8 and D1

Ratio Decidendi

The certificate of delay was defective as it computed time from the date of the letter rather than the date of lodgement and failed to expressly exclude the computed period; the record of appeal was incomplete due to improper inclusion of exhibit D1; the defects are curable and the appellant is granted 30 days to rectify them.

Court Disposition

Appellant ordered to rectify defects within 30 days; costs to abide outcome of appeal.

Orders

  • Appellant to file a properly drawn certificate of delay within 30 days.
  • Appellant to file a supplementary record of appeal containing exhibit D1 within 30 days.