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Tanzania decisions
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The High Court at Dodoma struck out a criminal appeal as incompetent because it was filed out of time, despite a prior extension order.
The High Court refused to extend time to file a matrimonial appeal, holding that a claimed e-filing technical problem was not good cause and the delay was unexplained.
The applicant, being an inmate, lacked control over the timely filing of his appeal, and his affidavit established good cause for the delay. The respondent's failure to file a counter affidavit precluded factual opposition. The court exercised its discretion to grant the extension of time.
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The High Court granted a prisoner’s application to file an appeal out of time, finding good cause where prison officers mishandled the court documents.
The applicant demonstrated sufficient cause for delay, as he was in prison and dependent on prison officers for document preparation. The previous appeal was withdrawn due to defects. The court is satisfied that the reasons justify extension of time.
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Applicants failed to account for the entire period of delay and did not demonstrate sufficient cause. Their failure to identify the appropriate legal remedy and pursue it timely, despite being represented by counsel, does not constitute technical delay. The application is dismissed for lack of merit.
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The Court of Appeal upheld dismissal of an application to set aside an ex parte judgment, finding no sufficient cause for the appellants’ failure to file a defence.
The High Court granted Joha Salum extension of time to file a notice of appeal, finding her age and lack of procedural knowledge sufficient cause.
The African Court reopened pleadings in Msuguri v. Tanzania and gave the Respondent State 45 days to answer the Applicant’s new submissions.
Interest of justice requires reopening debates and granting the respondent forty-five days to reply to new submissions, failing which default procedure will apply.
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