Tanzania Case Law

leonard bundala malulanya rena ngasa vs republic 2023 tzca 17346 19 june 2023

Court

TZCA

The appeal was incompetent because the appellant failed to comply with the mandatory requirements of Rule 90(1) and (3) of the Tanzania Court of Appeal Rules, 2009, specifically by not delivering a letter requesting for copies of proceedings within 30 days of the judgment and not serving a copy on the respondent, rendering the certificate of delay invalid and the appeal time-barred.

Source excerpt

• Appeal time limitation
• Certificate of delay
• Service of documents
• Compliance with appellate rules

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edmund msangi vs the guardian limited 2022 tzca 743 24 november 2022

Court

TZCA

The respondent demonstrated sufficient diligence by making repeated written and physical follow-ups for the requested documents, and the failure to receive timely notification from the Registrar was not attributable to the respondent. The law does not require service of reminder letters on the applicant. Therefore, the application to strike out the notice of appeal is without merit.

Source excerpt

• Striking out notice of appeal
• Essential steps in appeal process
• Certificate of delay
• Service of documents
• Compliance with appellate rules

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issa omari mapesa vs jumanne sebarua 2022 tzca 554 13 september 2022

Court

TZCA

The Court of Appeal struck out a notice of appeal for late service and failure to take essential steps under the appellate rules, with costs awarded to the applicant.

• Striking out notice of appeal
• Service of notice of appeal
• Compliance with appellate rules
• Civil-procedure
• Notice-of-appeal
• Appellate-procedure

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director of public prosecutions vs salim sharif ibrahim others 2018 tzca 329 13 december 2018

Court

TZCA

The notice of appeal is defective and incompetent for failure to comply with Rule 68(1) and (2) of the Tanzania Court of Appeal Rules, 2009, as the description in the notice does not correspond with the trial judge's directions.

Source excerpt

• Notice of appeal
• Appeal procedure
• Compliance with appellate rules

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nyachiro bituro vs khamis ndurwe 2018 tzca 516 11 july 2018

Court

TZCA

The respondent failed to take essential steps required by the Rules, specifically not applying for copies of proceedings, judgment, and decree within thirty days and not serving the application on the applicant, thus justifying striking out the notice of appeal.

Source excerpt

• Striking out notice of appeal
• Essential steps in appeal
• Compliance with appellate rules
• Res judicata

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box board tanzania limited vs mount meru flowers tanzania limited 2017 tzca 289 12 december 2017

Court

TZCA

The respondent took all essential steps required by law by applying for the necessary copies and serving the applicant; until the copies are supplied, the respondent cannot be said to have failed to take essential steps, and thus the application to strike out the notice of appeal is without merit.

Source excerpt

• Striking out notice of appeal
• Essential steps in appeal proceedings
• Compliance with appellate rules

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20171211 TZCA Arusha 1

Court

TZCA

The respondent complied with the procedural requirements by applying for the necessary copies and serving the applicant within the prescribed time; until the copies are supplied, the respondent cannot be said to have failed to take essential steps, and thus the application to strike out the notice of appeal is without merit.

Source excerpt

• Striking out notice of appeal
• Essential steps in appeal process
• Compliance with appellate rules

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awaki shauri vs norbert christopher gambay another 2017 tzca 271 6 december 2017

Court

TZCA

Respondents failed to comply with mandatory requirements to prosecute the appeal within prescribed time and did not provide evidence to benefit from exceptions; therefore, the notice of appeal must be struck out.

Source excerpt

• Striking out notice of appeal
• Failure to prosecute appeal
• Compliance with appellate rules

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richard mchau vs shabir f abdulhussein 2017 tzca 235 15 june 2017

Court

TZCA

The Court of Appeal struck out a notice of appeal after finding the respondent failed to prove service of the request for appeal documents under Rule 83.

• Striking out notice of appeal
• Service of notice of appeal
• Compliance with appellate rules
• Leave to appeal
• Procedural irregularities
• Striking-out-notice-of-appeal

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aitel tanzania ltd vs tanzania revenue authority 2016 tzca 821 24 june 2016

Court

TZCA

Respondent failed to institute appeal within sixty days after lodging notice of appeal and did not provide certificate of delay or evidence of request for proceedings; application to strike out notice of appeal is merited.

Source excerpt

• Striking out notice of appeal
• Failure to institute appeal
• Compliance with appellate rules

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