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Tanzania decisions
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The appeal was filed within time as the last day was a Sunday, justifying filing on the next working day. The appellant was not legally divorced as no court decree was issued, and she holds interest in the estate as mother of the deceased's children. The appellant is eligible to be appointed as co-administrator. The appeal is allowed to that extent.
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The appeal was filed out of time and lacked proof of critical dates required for automatic exclusion of limitation period; therefore, it is incompetent and must be struck out.
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The appeal was filed out of time as evidenced by both the petition and the electronic case management system; no credible evidence was provided to prove timely filing or system failure; thus, the District Court correctly dismissed the appeal as time-barred.
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The High Court struck out a criminal appeal as time-barred, holding that prison transfers did not replace the need to seek extension of time under the CPA.
The appeal was time barred because the appellant failed to apply for certified copies of proceedings within thirty days of the impugned decision and did not serve the application on the respondents, making him ineligible for exclusion of time under the certificate of delay; thus, the appeal was incompetent and struck out.
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The High Court held that the DPP’s appeal was filed in time because the appeal period excludes time taken to obtain proceedings and judgment copies.
The appeal was filed out of time without leave of the court, and the alteration of dates on the records does not cure the defect; therefore, the appeal is incompetent and must be struck out.
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The absence of a Registrar's letter confirming readiness of documents renders the certificate of delay defective and unreliable for excluding time. Consequently, the appeal was filed out of time and is incompetent. When an appeal is struck out for incompetence, the notice of appeal is also struck out and does not survive.
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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.
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The High Court dismissed a labour appeal as time-barred, holding it was filed outside the 30-day limit without a formal condonation application and was incompetent.
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