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Tanzania decisions
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The appeal was struck out as incompetent due to incomplete records and fraudulent or non-consensual inclusion of parties, making proper determination impossible.
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The Court of Appeal struck out the appeal as time-barred, holding that the appellant could not rely on a certificate of delay because the request letter for proceedings was not served on the respondent.
The Court of Appeal struck out a notice of appeal after finding the respondent took no essential steps to pursue the appeal within the prescribed time.
The Court of Appeal struck out the land appeal as time barred after finding the appellant could not rely on a certificate of delay without serving the request letter on the respondents.
The Court of Appeal dismissed an application to extend time to serve a letter seeking certified proceedings, holding the applicant failed to account for about 60 days of delay.
The applicant's affidavit contained untruthful facts and cannot be relied upon to support the application; therefore, the reference fails and the decision of the taxing officer is upheld.
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The applicants failed to provide a truthful and consistent affidavit to support their application, rendering the application unsupported by evidence. The alleged cause of delay was not sufficiently established, and each day of delay was not accounted for. Therefore, no sufficient cause was shown for extension of time.
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Failure to supply committal proceedings to the accused persons before commencement of trial contravenes section 249(1) of the CPA and vitiates the proceedings. Representation by counsel does not cure the omission. The proper remedy is to dismiss the charge and discharge the accused.
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The Court of Appeal dismissed an application to strike out a notice of appeal, holding that the respondent had taken the essential steps required under the appeal rules.
The Court of Appeal struck out a land appeal after finding the appellant failed to serve the respondents with the letter requesting proceedings, making the certificate of delay invalid.
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