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Tanzania decisions
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The applicant demonstrated a technical delay due to clerical errors not attributable to her, acted promptly after the appeal was struck out, and adequately explained the delay. The law allows correction of clerical errors at any time and extension of time for good cause.
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The applicant failed to account for 25 days of delay after being medically cleared, which is unreasonable and does not constitute good and sufficient cause for extension of time. The statutory period and period of sickness are excluded, but the unexplained delay after medical clearance is fatal to the application.
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The Court of Appeal has jurisdiction under Rule 4 (1) and (2) (a), (b), and (c) of the Court of Appeal Rules, 2009 as amended, to entertain and grant or refuse an order of stay of execution pending review, as there is no express provision for such remedy and the general powers of the Court are sufficiently wide. The affidavit is not defective as the deponent, being a company officer, is entitled to depose to facts known to the company, and the objection does not raise a pure point of law.
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The High Court granted an extension of time to file a Notice of Appeal, finding the applicants had accounted for the delay and acted promptly after the appeal was struck out.
The High Court in Mwanza granted the applicant 30 days to file a notice of appeal, finding sufficient reason for the delay and no costs order.
The High Court granted an extension of time to file a notice of appeal, finding the delay was technical and beyond the applicants’ control due to system error.
Despite the applicant not strictly accounting for each day of delay, the court found the reasons advanced, particularly ill health, to be sufficiently justifiable and excusable in the interest of justice, thus granting the extension of time.
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The applicants failed to show sufficient cause for the delay, as the delay was due to negligence and lack of diligence, not a technical ground. The alleged illegality regarding non-joinder of TANROAD was unfounded because TANROAD, as an executive agency, cannot be sued in tort and is not a necessary party. Therefore, the application for extension of time is dismissed.
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Court of Appeal of Tanzania dismissed a reference seeking enlargement of time to serve a notice of appeal and request for proceedings.
The Court of Appeal deemed a notice of appeal withdrawn after the respondent failed to institute the appeal within time after receiving the necessary documents.
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