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Tanzania decisions
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The appeal was dismissed for want of prosecution because the appellant failed to file written submissions in chief within the court-ordered schedule and did not provide reasons for the delay; payment was effected after the deadline, rendering the filing time-barred.
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The applicant failed to prove with evidence that sickness or other reasons prevented him from appealing in time; mere allegations without documentary proof are insufficient to establish sufficient cause for extension of time.
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The High Court granted an application to extend time to file a matrimonial appeal, holding that time spent obtaining the judgment copy was excluded from limitation.
The appellant failed to provide sufficient cause for the delay and did not account for each day of delay as required by law; absence of proof regarding the uncle's sickness and lack of diligence justified the lower court's refusal to grant extension of time.
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The respondent failed to lodge the appeal within the prescribed sixty-day period after filing the notice of appeal and did not serve the applicant with a copy of the letter requesting appeal documents, constituting failure to take necessary steps to prosecute the appeal; the notice of appeal must be struck out under Rule 89(2) of the Rules.
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The High Court rejected an application to extend time for filing an appeal, finding no sufficient cause because the applicant gave only bare assertions of follow-up.
Submissions filed outside the prescribed time frame without leave of the court are expunged, leaving nothing for determination in the appeal.
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The High Court struck out a matrimonial appeal after finding it was filed 217 days after judgment, far outside the 45-day limit under section 80(2) of the Law of Marriage Act.
The High Court dismissed a matrimonial appeal as time-barred, holding that the 45-day limit runs from the date of decision, not service of judgment.
Substituted service by publication in a Tanzanian newspaper was not proper service to a party residing in Ethiopia, as the newspaper was not in regular circulation there. This constituted sufficient cause for extension of time to set aside the ex parte judgment and allow re-hearing of the appeal. Combining prayers for extension of time and leave to re-hear was procedurally proper.
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