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Tanzania decisions
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The applicant demonstrated sufficient cause for the short delay, as the need to appeal arose only after receiving the written judgment, and the procedural defects raised by the respondent were not fatal. The application for extension of time was therefore granted.
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The preliminary objections were dismissed because the restriction in Order XXXVII rule 2 of the Civil Procedure Code does not apply to prerogative orders, the affidavit was not defective for lack of the attesting officer's name under the applicable law at the time, and the affidavit did not improperly contain arguments.
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The High Court held that incomplete citation of enabling provisions in a labour revision application rendered it incompetent and struck it out.
The application by the intervenors is incompetent due to improper titling and constitution, as intervenors should be named as applicants and Afriscan Construction Co. Limited as respondent. The objection regarding the affidavit was disregarded as no specific law was shown to be offended.
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The High Court dismissed preliminary objections to a prerogative orders application, holding the affidavits were valid and Order I rule 8 CPC did not apply.
The High Court refused leave to appeal, holding that the jurat of an affidavit must comply with section 8 of the Notaries Public and Commissioner for Oaths Act.
The court held that the applicant failed to show any extraordinary reasons or circumstances justifying the extension of time. The delay was due to the negligence and inaction of the applicant's former advocate, which is not a sufficient reason to grant the application. The court declined to exercise its discretion in favor of the applicant.
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