Tanzania Case Law

olepasu tanzania limited ta maxam east africa vs heineken brouwerijen bv another 2022 tzca 568 23 september 2022

Court

TZCA

The absence of the Registrar's notification letter and the invalid certificate of delay, which excluded the wrong period and was not supported by verifiable information, rendered the appeal time barred and incompetent; such defects are fundamental and cannot be cured by the overriding objective principle or by filing a supplementary record.

Source excerpt

• Appeal timelines
• Certificate of delay
• Record of appeal requirements
• Jurisdiction
• Overriding objective principle

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bridgeways logistic vs tripple a hauliers 2022 tzca 285 25 april 2022

Court

TZCA

Failure to serve the record of appeal within the prescribed seven days under Rule 97(1) is a fatal defect that renders the appeal incompetent and liable to be struck out, as it affects the respondent's right to be heard and is not a mere technicality.

Source excerpt

• Appeal procedure
• Service of process
• Company naming
• Record of appeal requirements

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mage namga others vs governing board college of business education cbe 2020 tzca 1811 7 october 2020

Court

TZCA

The Court of Appeal struck out the land appeal as time-barred and incompetent, holding the appellants failed to comply with appellate filing requirements.

• Appeal procedure
• Limitation period
• Notice of appeal
• Record of appeal requirements
• Appeal-procedure
• Limitation-period

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elizabeth jerome mmassy vs edward jerome mmasy others 2020 tzca 30 28 february 2020

Court

TZCA

The appeal was struck out as time barred because the appellant failed to apply for proceedings within 30 days of the impugned decision, rendering the certificate of delay invalid and the appeal outside the prescribed period.

Source excerpt

• Time bar
• Certificate of delay
• Record of appeal requirements

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editor the guardian news paper another vs yono auction mart co ltd 2019 tzca 179 13 june 2019

Court

TZCA

The Court of Appeal struck out a defamation appeal as time-barred because the certificate of delay was invalid and the appeal was filed out of time.

• Defamation
• Certificate of delay
• Appeal time limits
• Record of appeal requirements
• Certificate-of-delay
• Appeal-time-limits

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yahaya selemani mralya vs stepahno sijia others 2018 tzca 37 13 july 2018

Court

TZCA

The appeal was incompetent due to an incomplete record of appeal, and the High Court erred by delivering judgment without hearing the parties, violating the right to be heard. The Court of Appeal exercised revisional jurisdiction to set aside the High Court judgment and remit the record for proper hearing.

Source excerpt

• Right to be heard
• Natural justice
• Procedural irregularity
• Record of appeal requirements

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bg international limited vs commissioner general tra 2018 tzca 436 12 june 2018

Court

TZCA

The applicant failed to request the exhibits within the thirty-day period prescribed by Rule 90(1) of the Court of Appeal Rules, 2009, and did not seek extension of time for such request. Therefore, no sufficient cause was advanced for extension of time to file a supplementary record of appeal.

Source excerpt

• Extension of time
• Appeals
• Record of appeal requirements

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john ngosha another vs attorney general 2018 tzca 485 13 march 2018

Court

TZCA

Failure to include a signed and dated decree in the record of appeal, as required by Rule 96(1)(h) of the Tanzania Court of Appeal Rules, 2009, renders the appeal incompetent and it must be struck out. Resorting to the original court file cannot cure this defect.

Source excerpt

• Malicious prosecution
• Appeal procedure
• Record of appeal requirements

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20180312 TZCA Dodoma

Court

TZCA

Omission of a signed and dated decree in the record of appeal is not a triviality and cannot be cured by reference to the original court file; such omission renders the appeal incompetent under Rule 96(1)(h) of the Tanzania Court of Appeal Rules, 2009.

Source excerpt

• Malicious prosecution
• Appeal competence
• Record of appeal requirements

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salu nsuluja vs attorney general others 2018 tzca 479 12 february 2018

Court

TZCA

The appeal is time-barred because the appellant failed to copy and serve the written request for proceedings on the respondents, making the certificate of delay invalid and requiring the appeal to be filed within sixty days of the notice of appeal, which was not done.

Source excerpt

• Appeal time limitation
• Record of appeal requirements
• Certificate of delay
• Service of documents

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