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Tanzania decisions
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The appeal is incompetent because it was filed while a prior dismissal order by the High Court on the same matter exists; the High Court lacks jurisdiction to entertain another appeal of similar nature after dismissal.
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The appeal was filed beyond the prescribed 45-day limitation period, and the appellant failed to account for each day of delay or to apply for extension of time. Therefore, the appeal is incompetent and must be dismissed.
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The High Court, having dismissed the previous appeal as time-barred, is functus officio and cannot entertain a fresh application for extension of time in respect of the same matter; the only remedy for the applicant was to appeal or seek review of the dismissal order.
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The applicant failed to account for the period of delay and did not demonstrate sufficient cause for extension of time. The alleged illegality was not pleaded in relation to the dismissal order being challenged, and no supporting documents were annexed. Negligence and lack of diligence were evident. Therefore, the application for extension of time was dismissed.
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The High Court lacks jurisdiction to grant extension of time to refile a dismissed appeal; the only remedy after dismissal is to appeal, not to seek extension of time.
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The High Court dismissed an application for extension of time to appeal, holding that an appeal voluntarily withdrawn and deemed dismissed could not be revived.
A party whose appeal was dismissed for being time barred cannot return to the same court to seek extension of time to appeal; the proper recourse is to challenge the dismissal order by appeal, revision, or review.
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The High Court struck out a court martial appeal as incompetent, holding that a prior dismissal for being time-barred barred reinstitution absent reversal or setting aside.
The High Court granted an uncontested application to restore a dismissed appeal, vacating the earlier dismissal order and directing further orders by the Deputy Registrar.
The Court of Appeal of Tanzania granted an unopposed application for extension of time to file a notice of appeal, allowing the applicant 30 days to act.
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