njake enterprises ltd vs blue rock ltd another 2018 tzca 304 3 december 2018

The certificate of delay referenced a non-existent letter and was therefore invalid; without a valid certificate, the appeal was filed out of time and is incompetent.

Citation: njake enterprises ltd vs blue rock ltd another 2018 tzca 304 3 december 2018
Parties: Appellant: Njake Enterprises Limited; 1st Respondent: Blue Rock Limited; 2nd Respondent: Rock and Venture Company Limited
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 3 December 2018
Procedural Posture: Civil Appeal / Preliminary Objection Ruling
Outcome: appeal struck out
Legal Topics: Time Bar, Certificate of Delay, Appeal Procedure, Preliminary Objection
Source Language: English

Civil Procedure Land Law Time Bar Certificate of Delay Appeal Procedure Preliminary Objection

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Parties

Njake Enterprises Limited

Appellant

Blue Rock Limited

1st Respondent

Rock and Venture Company Limited

2nd Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

Legal Issues

1 Whether the appeal was filed within the prescribed time limit
2 Whether the certificate of delay was valid and effective for exclusion of time
3 Whether errors in the certificate of delay can be treated as mere technicalities

Ratio Decidendi

The certificate of delay referenced a non-existent letter and was therefore invalid; without a valid certificate, the appeal was filed out of time and is incompetent.

Court Disposition

appeal struck out

Orders

The appeal is struck out for being time barred.
The respondents are awarded costs.