The High Court struck out a criminal appeal as time barred, holding that late filing was not excused because the record did not prove when judgment copies were requested or supplied.
The appeal was filed beyond the statutory 45-day limit, and no application for extension of time was made; therefore, the court lacks jurisdiction to entertain the appeal and it must be struck out.
The Court of Appeal struck out this land appeal as time-barred because the appellants failed to serve the respondent with the letter requesting proceedings.
The appeal was incompetent because the appellant failed to comply with the mandatory requirements of Rule 90(1) and (3) of the Tanzania Court of Appeal Rules, 2009, specifically by not delivering a letter requesting for copies of proceedings within 30 days of the judgment and not serving a copy on the respondent, rendering the certificate of delay invalid and the appeal time-barred.
The Court of Appeal struck out the appeal as time barred, holding that the appellant did not meet Rule 90 requirements for filing within the extended period.
Court of Appeal held the criminal appeal to the High Court was not time-barred and that dismissal was the wrong procedure; the matter was remitted for hearing on the merits.