peter samanya msacky vs chief executive officer agricultural seed agency others 2021 tzca 581 12 october 2021

peter samanya msacky vs chief executive officer agricultural seed agency others 2021 tzca 581 12 october 2021

Failure to serve copies of the letter requesting proceedings on respondents within the prescribed time renders the appeal incompetent and time-barred, and cannot be cured by a certificate of delay or the overriding objective.

Citation
peter samanya msacky vs chief executive officer agricultural seed agency others 2021 tzca 581 12 october 2021
Parties
Appellant: Peter Samanya Msacky; 1st Respondent: Chief Executive Officer Agricultural Seed Agency; 2nd Respondent: Chief Secretary; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 October 2021
Procedural Posture
Civil Appeal / Ruling on Competence of Appeal
Outcome
appeal struck out as incompetent
Legal Topics
Extension of Time, Judicial Review, Procedural Compliance, Service of Documents
Source Language
English
Civil Procedure Labour Law Appellate Practice Extension of Time Judicial Review Procedural Compliance Service of Documents

Case Brief

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Parties

Peter Samanya Msacky

Appellant

Chief Executive Officer Agricultural Seed Agency

1st Respondent

Chief Secretary

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Competence of Appeal

Legal Issues

  1. 1 Whether failure to serve copies of the letter requesting proceedings on respondents renders the appeal incompetent
  2. 2 Whether the certificate of delay can cure non-compliance with rule 90(3) of the Tanzania Court of Appeal Rules, 2009
  3. 3 Whether the overriding objective under section 3A of the Appellate Jurisdiction Act can be invoked to disregard mandatory procedural rules

Ratio Decidendi

Failure to serve copies of the letter requesting proceedings on respondents within the prescribed time renders the appeal incompetent and time-barred, and cannot be cured by a certificate of delay or the overriding objective.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out
  • no order as to costs