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Tanzania decisions
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The appeal was filed out of time as the statutory period is counted from the date of judgment delivery, not from receipt of judgment copy, and no leave for extension was sought.
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The High Court refused to certify seven proposed points of law for appeal, holding they were already resolved, factual, or plainly answered by statute.
The High Court struck out a miscellaneous civil application for extension of time, holding that GN 311/1964 was not the enabling provision in the High Court.
The appeal was incompetent due to the absence of a certificate on points of law from the High Court and a memorandum of appeal, both of which are mandatory legal requirements for appeals from primary court decisions. An incompetent appeal cannot be withdrawn or adjourned and must be struck out.
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The High Court at Arusha granted a certificate on point of law, finding prima facie grounds for an appeal to the Court of Appeal in a land dispute.
The Court of Appeal dismissed a revision application, holding that counsel had failed to prosecute the matter, the application was procedurally misconceived, and the record showed misleading information.
The Court of Appeal dismissed an application for extension of time to file a notice of appeal and to seek certification of a point of law, finding no sufficient cause and no jurisdiction for the latter request.
The appeal was filed outside the prescribed 30-day period from the date of judgment, and attachment or receipt of a copy of the judgment is not a condition precedent for filing an appeal; therefore, the appeal is time-barred.
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The appeal was time-barred because the 30-day limitation period commenced from the date of judgment, not from the date the appellant received a copy of the judgment.
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No right of appeal lies to the Court of Appeal against the High Court's refusal to grant a certificate on a point of law under section 5(2)(c) of the Appellate Jurisdiction Act in matters originating from primary courts; such refusal is final and not appealable.
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