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The High Court struck out a judicial review application as time barred because it was filed outside the 14-day period after leave was granted.
The High Court held that an appeal was timely because its electronic filing date controlled, not the later hardcopy endorsement date. The preliminary objection was dismissed.
The appeal was filed out of time because the control number for payment of court fees was generated and payment made only on 23 September 2024, after the expiry of the 30-day limitation period. Electronic filing is deemed complete upon payment, not mere submission.
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The application for stay of execution was filed within the prescribed time as the electronic filing date is the official date of filing. The applicant satisfied the requirements for stay of execution by demonstrating potential substantial loss and willingness to provide security. The preliminary objection was overruled, and the stay of execution was granted pending appeal, subject to provision of security within 60 days.
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The applicant established sufficient cause for the delay, as the initial timely filing was frustrated by subsequent instructions to use electronic filing, which led to the lapse of the prescribed period. The court exercised its discretion to grant the extension.
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The suit is incompetent for want of a board resolution authorizing its institution as required by section 147 of the Companies Act and established case law; the court has no power to waive this statutory requirement, and the plaintiff failed to exhaust remedies under section 137 of the Companies Act.
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Appellant failed to pay court fees within the time ordered, rendering the filing incomplete and constituting non-appearance; application dismissed for want of prosecution.
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The High Court at Mwanza dismissed a labour revision application as time-barred, holding it was filed outside the 42-day limit under section 91.
The application is incompetent for want of a proper affidavit covering all applicants; failure to comply with mandatory procedural requirements is fatal and cannot be cured by overriding objective.
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The electronically filed counter affidavit is incurably defective for lack of attestation as required by section 8 of the Notaries Public and Commissioners for Oaths Act. Under the Judicature and Application (Electronic Filing) Rules, 2018, the electronic version is the official record, and its defects warrant expunging.
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