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Tanzania decisions
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The Court of Appeal struck out the Attorney General’s stay application as time-barred under Rule 11(4), holding the 14-day limit applied.
The High Court granted extension of time for TANROADS Simiyu to file a notice of appeal, accepting technical delay and apparent illegality as sufficient cause.
The arbitral award was improperly procured because the claim was brought against a non-existent entity, and the arbitrator's amendment of pleadings to substitute the respondent's name constituted misconduct and serious irregularity, rendering the proceedings incompetent.
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High Court review dismissed as incompetent under section 78(2) CPC and for lack of an error apparent on the face of the record.
The High Court struck out an application to extend time to challenge an arbitral award, holding it lacked jurisdiction because a related appeal was pending.
The applicant failed to account for the delay due to lack of clarity and evidence regarding the loss of track of records and office relocation, which amounts to negligence and is not a sufficient ground. However, the applicant established apparent illegality regarding the registration of the arbitral award while a petition challenging the award was pending, which is a sufficient ground for extension of time.
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The appeal was struck out because the record did not include mandatory rulings delivered during the High Court proceedings, violating Rule 96(1)(g) of the Tanzania Court of Appeal Rules, 2009.
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The High Court struck out Vodacom’s application for extension of time to seek stay of execution, holding the court was functus officio after ordering execution to proceed.
The Court of Appeal struck out Vodacom’s stay application as incompetent because the notice of appeal did not match the order sought to be stayed.
The High Court lacks jurisdiction to entertain an application for stay of execution after a notice of appeal has been filed; such jurisdiction vests exclusively in the Court of Appeal under the relevant rules.
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