shafee taherali vs mohamed enterprises t ltd 2016 tzca 698 28 july 2016

The absence of a valid certificate of delay in the record renders the appeal time barred and incompetent under Rule 90(1) of the Tanzania Court of Appeal Rules.

Citation: shafee taherali vs mohamed enterprises t ltd 2016 tzca 698 28 july 2016
Parties: Appellant: Shafee Taherali; Respondent: Mohamed Enterprises (T) Ltd
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 28 July 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

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Parties

Shafee Taherali

Appellant

Mohamed Enterprises (T) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Before Court of Appeal

Legal Issues

1 Whether the appeal is properly before the Court in absence of a valid certificate of delay

Ratio Decidendi

The absence of a valid certificate of delay in the record renders the appeal time barred and incompetent under Rule 90(1) of the Tanzania Court of Appeal Rules.

Court Disposition

appeal struck out

Orders

Appeal struck out for incompetence due to absence of valid certificate of delay
No order as to costs