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Tanzania decisions
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The High Court struck out an application to set aside an ex parte order, holding that Order IX Rule 4 did not apply and that the application was premature.
The High Court struck out an application for leave to appeal as time-barred, holding it was filed about six months after the notice of appeal.
Reopening of pleadings is necessary to ensure procedural fairness and compliance with the Rules, granting the Applicant forty-five days to reply to the Respondent's response.
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The Court of Appeal struck out an application for extension of time to appeal, holding that Rule 10 could not revive an appeal deemed dismissed after withdrawal.
The Court of Appeal granted leave to amend a notice of appeal to correct an accidental misspelling of a judge’s name and an incorrect judgment date.
The High Court of Tanzania at Iringa granted an extension of time to file for prerogative orders, finding reasonable cause based on the applicant’s lay status and delays.
Despite the Respondent's reasons for delay being flimsy and lacking merit, the public importance of the matter and the need for both parties to be heard justify granting an extension of time for the Respondent to file a response.
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The Court of Appeal of Tanzania allowed the appellant to withdraw a criminal appeal under Rule 4(2)(a) of the Court of Appeal Rules, 2009.
The Court of Appeal adjourned the appeal, holding that the decree in the record was defective and had to be amended before the appeal could be heard.
Section 361 of the Criminal Procedure Act is inapplicable to applications before the Court of Appeal; wrong citation of law renders the application incompetent and is not a mere technicality under Article 107A(2)(e) of the Constitution.
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