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Tanzania decisions
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The appeal was filed before the notice of intention to appeal was served to the Registrar, contrary to section 102(1)(a) of the Land Registration Act. The statutory requirement is clear and mandatory; failure to comply renders the appeal incompetent.
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The appeal is incompetent because the notice of intention to appeal was filed beyond the prescribed ten-day period without an application for extension of time.
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The applicant demonstrated good cause for extension of time due to prison transfers and difficulties with printing facilities, and his oral notice of intention to appeal during mitigation constituted a valid notice. Precedents from the Court of Appeal support granting extension in such circumstances.
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The High Court granted Laurent Sanga more time to file a notice of intention to appeal and petition of appeal, finding sufficient reason under section 361(2).
The High Court struck out a criminal appeal because the notice of intention to appeal named the wrong trial court, making the appeal incompetent.
The High Court Labour Division marked withdrawn an application for extension of time to appeal, together with a preliminary objection, and noted the application was an abuse of process.
The Court of Appeal quashed a High Court appeal for lack of a notice of intention to appeal, holding the appeal incompetent under Tanzanian criminal procedure.
The applicant advanced sufficient reasons for the delay, which were beyond his control, and met the legal threshold for extension of time as established by precedent; therefore, the application was granted.
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The High Court granted an extension of time to file a notice of intention to appeal, finding the delay was beyond the applicant’s control after prison transfer.
The appeal is incompetent because the notice of intention to appeal was not properly titled as required by law and precedent, rendering the appeal fatally defective.
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