Tanzania Case Law

mbeya city council vs tanzania building works ltd others 2023 tzca 17999 13 december 2023

Court

TZCA

The supporting affidavit did not contain hearsay statements as the deponent had personal knowledge of the facts. The applicant acted diligently and promptly in requesting and following up on the required documents. The delay was caused by the High Court's failure to supply the documents, not by negligence of the applicant. Sufficient cause was established for extension of time.

Source excerpt

• Extension of time
• Affidavit requirements
• Supplementary record of appeal

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shoprite checkers tanzania limited vs commissioner general of tanzania revenue authority 2023 tzca 17379 3 july 2023

Court

TZCA

Good cause for extension of time was established as the delay in filing omitted documents was due to the Board's delay in supplying certified copies, not the applicant's fault. Extension is necessary to meet the ends of justice.

Source excerpt

• Extension of time
• Supplementary record of appeal
• Value added tax on imported services

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CIVIL APPLICATION NO 225 17 OF 2023 ISSA N S MAROMBE VS ABDEREHEMAN S MBWANA

Court

TANZLII

A single justice lacks jurisdiction to vary or extend a time period fixed by an order of the full Court; such applications must be determined by the full Court.

Source excerpt

• Extension of time
• Supplementary record of appeal
• Appellate procedure

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CIV

Court

TANZLII

The absence of the ex parte application and order for third-party joinder in the record of appeal is a curable defect under Rule 96(7) of the Court of Appeal Rules, not a ground for nullification or retrial; appellant is granted leave to file a supplementary record including the missing documents within 45 days.

Source excerpt

• Third-party procedure
• Joinder of parties
• Supplementary record of appeal
• Indemnity
• Mortgage enforcement

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aggreko international projects limited vs triumphant trade consultancy services limited 2022 tzca 351 15 june 2022

Court

TZCA

The Court of Appeal overruled a preliminary objection that the supplementary record contained two certificates of delay, holding the invalid certificate had no legal effect.

• Appeals
• Certificate of delay
• Supplementary record of appeal
• Procedural defects
• Certificate-of-delay
• Supplementary-record-of-appeal

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tanzania redcross society vs super magala investment general supply 2022 tzca 320 8 june 2022

Court

TZCA

The appeal was struck out as incompetent due to the appellant's failure to include all required documents in the supplementary record of appeal after being granted leave, as mandated by rule 96(8) of the Court of Appeal Rules. Defects in the notice of appeal alone would not have rendered the appeal incompetent, as they are curable by amendment.

Source excerpt

• Appeal competence
• Supplementary record of appeal
• Breach of contract

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absa bank tanzania limited another vs hjordis fammestad 2022 tzca 300 24 may 2022

Court

TZCA

The rectified certificate of delay is invalid as the date of notification is not supported by the record; therefore, the appeal is time barred and incompetent. Leave to file a further supplementary record is denied as it would serve no purpose and is procedurally impermissible. The cross-appeal survives independently and will proceed to hearing.

Source excerpt

• Certificate of delay
• Time limitation for appeals
• Change of party name
• Supplementary record of appeal
• Cross-appeal procedure

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joseph daudi ndunguru vs twiga bancorp limited 2022 tzca 201 21 april 2022

Court

TZCA

The Court of Appeal granted leave to file a supplementary record of appeal because the respondent’s Credit Policy was missing from the record.

• Appeal on points of law
• Supplementary record of appeal
• Unfair termination
• Evidence admissibility
• Labour-law
• Civil-procedure

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ali saidi kurungu others vs administrator general others 2022 tzca 184 5 april 2022

Court

TZCA

A defective certificate of delay is rectifiable under Rule 96(7) of the Tanzania Court of Appeal Rules; leave is granted to procure a rectified certificate and lodge a supplementary record of appeal within forty-five days.

Source excerpt

• Certificate of delay
• Supplementary record of appeal
• Time bar
• Rectification of procedural defects

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juma sitta bundara others vs kideemining t limited 2022 tzca 47 22 february 2022

Court

TZCA

The presence of two certificates of delay with a minor typographical error in the date is a curable defect under the overriding objective principle and relevant rules. The defect is treated as an omission, allowing the appellants to file a supplementary record of appeal to include a proper certificate of delay.

Source excerpt

• Certificate of delay
• Time barred appeals
• Supplementary record of appeal
• Overriding objective principle

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