national micrifinance bank plc vs oddo odilo mbunda 2016 tzca 695 2 august 2016

The appeal was filed more than one year after the notice of appeal without a valid certificate of delay, making it time barred and not properly before the Court.

Citation: national micrifinance bank plc vs oddo odilo mbunda 2016 tzca 695 2 august 2016
Parties: Appellant: National Microfinance Bank PLC; Respondent: Oddo Odilo Mbunda
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 2 August 2016
Procedural Posture: Civil Appeal / Appeal Before Court of Appeal
Outcome: appeal struck out
Legal Topics: Appeal Procedure, Time Limitation, Certificate of Delay
Source Language: English

Civil Procedure Appeal Procedure Time Limitation Certificate of Delay

Case Brief

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Parties

National Microfinance Bank PLC

Appellant

Oddo Odilo Mbunda

Respondent

Procedural Posture

Civil Appeal / Appeal Before Court of Appeal

Legal Issues

1 Whether the appeal was properly before the Court given the time elapsed since the notice of appeal was lodged and absence of a certificate of delay

Ratio Decidendi

The appeal was filed more than one year after the notice of appeal without a valid certificate of delay, making it time barred and not properly before the Court.

Court Disposition

appeal struck out

Orders

The appeal is struck out.
No order as to costs.