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Tanzania decisions
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The High Court refused to extend time for a land appeal-related certificate application, holding the applicant failed to account for each day of delay.
The High Court granted leave to appeal and certified one point of law on whether the acts complained of constituted malicious damage to property.
The applicant is entitled to leave to appeal to the Court of Appeal as the intended appeal raises arguable grounds, but certification on points of law is not required since the decision does not originate from the Ward Tribunal via the District Tribunal's appellate jurisdiction.
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Although the applicant failed to account for each day of delay, the presence of alleged illegalities in the decision to be appealed justifies the exercise of the court's discretion to grant an extension of time.
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The High Court refused to certify points of law for appeal, holding that the applicant’s complaints concerned factual issues, not legal ones.
The High Court struck out an application for extension of time to file a notice of appeal and seek leave to appeal, finding it incompetent and unnecessary.
The High Court at Mtwara granted an extension of time to apply for a certificate on points of law, accepting that the delay arose from the applicant’s search for an advocate.
The High Court granted the applicant 30 days to seek a certificate on points of law, accepting that he had delayed while looking for legal representation.
The High Court erred in refusing extension of time on the basis that the delay was not justified; time spent prosecuting an application in court constitutes technical delay and is a sufficient ground for extension of time. The High Court was not functus officio as the applications were distinct.
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None of the issues raised by the applicant qualify as points of law for certification; all are either factual or have been properly addressed by lower courts. Application dismissed.
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