venance mwakibinga vs chief executive officer tanzania forest service agency another 2021 tzca 356 6 august 2021

The appeal was incompetent for being lodged out of the sixty days prescribed by Rule 90(1) of the Rules, as the certificate of delay was invalid and could not be rectified to cure the defect.

Citation: venance mwakibinga vs chief executive officer tanzania forest service agency another 2021 tzca 356 6 august 2021
Parties: Appellant: Venance Mwakibinga; 1st Respondent: Chief Executive Officer, Tanzania Forest Service Agency; 2nd Respondent: Attorney General
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 6 August 2021
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection Regarding Time Bar
Outcome: appeal struck out as time barred
Legal Topics: Appeal, Limitation Period, Certificate of Delay, Striking Out Appeal
Source Language: English

Civil Procedure Appeal Limitation Period Certificate of Delay Striking Out Appeal

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Parties

Venance Mwakibinga

Appellant

Chief Executive Officer, Tanzania Forest Service Agency

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Regarding Time Bar

Legal Issues

1 Whether the appeal was lodged within the prescribed limitation period under Rule 90(1) of the Tanzania Court of Appeal Rules, 2009
2 Whether a defective certificate of delay can be rectified to support the timeliness of the appeal

Ratio Decidendi

The appeal was incompetent for being lodged out of the sixty days prescribed by Rule 90(1) of the Rules, as the certificate of delay was invalid and could not be rectified to cure the defect.

Court Disposition

appeal struck out as time barred

Orders

Appeal struck out for being out of time
Costs awarded to the respondents