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Tanzania decisions
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The appeal was filed within the statutory period after excluding the time required to obtain certified copies of judgment and proceedings, as mandated by Section 19(2) and (3) of the Law of Limitation Act.
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The application was filed out of time as the prescribed 42-day period lapsed on 28th March 2024, a working day, and the applicant failed to demonstrate improper procurement or any valid reason for extension. Computation of time does not exclude weekends or public holidays unless the last day falls on such days.
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The Court of Appeal held the trial court’s timing order on witness statements was unclear, allowed the appeal, set aside the dismissal, and ordered a retrial.
The 14-day period for filing witness statements under Rule 49(2) of the Commercial Court Rules includes the date of the final pretrial conference. The plaintiff's witness statement was filed out of time and must be struck out. With no admissible witness statement, the suit is dismissed for want of prosecution.
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The applicant acted diligently and filed the bank guarantee within the prescribed period, as the last day fell on a Saturday and filing on the next working day was permitted by the rules. The Registry Officers' rejection was erroneous, and the applicant should not be penalized for this mistake.
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The High Court struck out a land appeal as time-barred, holding that the 30-day refiling period ran from the date of its earlier ruling and no valid electronic filing malfunction was shown.
The High Court struck out a probate appeal as time barred, holding that the 30-day limit included weekends and public holidays except where the last day fell on a non-working day.
The appellant failed to state in the memorandum of appeal that the delay in filing was due to late receipt of judgment and decree copies; therefore, the appeal is time-barred and must be dismissed.
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The High Court dismissed a land application for leave to appeal after finding it was filed out of time and that weekend exclusion is not automatic.
The preliminary objection is not a pure point of law as there are disputed facts regarding the date of receipt of the award and the date of filing, which require further evidence. Therefore, the objection cannot be determined at the preliminary stage.
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