CIV

CIV

The appeal was incompetent as the appellant failed to lodge the letter requesting for proceedings within thirty days of the impugned decision, contravening Rule 90(1) of the Tanzania Court of Appeal Rules, 2009. The certificate of delay could not exclude the period between the judgment and the late request, rendering the appeal out of time.

Citation
CIV
Parties
Appellant: M/S Sky Packaging (T) Ltd; Respondent: M/S Bhanji Logistics Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal struck out
Legal Topics
Appeal Competence, Timeliness of Filing, Settlement Deed, Right to Be Heard
Source Language
English
Civil Procedure Appeal Competence Timeliness of Filing Settlement Deed Right to Be Heard

Case Brief

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Parties

M/S Sky Packaging (T) Ltd

Appellant

M/S Bhanji Logistics Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appeal was competent given the timing of the request for proceedings
  2. 2 Whether the trial court erred by recording the settlement deed without hearing the appellant

Ratio Decidendi

The appeal was incompetent as the appellant failed to lodge the letter requesting for proceedings within thirty days of the impugned decision, contravening Rule 90(1) of the Tanzania Court of Appeal Rules, 2009. The certificate of delay could not exclude the period between the judgment and the late request, rendering the appeal out of time.

Court Disposition

appeal struck out

Orders

  • Appeal struck out for being incompetent as filed out of time.
  • Parties to bear own costs.