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Tanzania decisions
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The High Court struck out a land appeal as time-barred after finding it was filed outside the 45-day limit under section 41(2) of the Land Disputes Courts Act.
The Court found that the respondent provided sufficient reasons for the delay in filing the Amended Record of Appeal and that the procedural lapses did not go to the substance of the appeal. The affidavit by counsel was not fatally defective as it related to matters within his knowledge. The application to strike out the appeal was dismissed.
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The appeal was filed out of the legally prescribed time limit, rendering it incompetent before the court and requiring it to be struck out.
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The appeal was filed out of time as the limitation period expired on 15th December, 2022, and the petition of appeal was filed on 13th March, 2023. The leave to refile was subject to the law of limitation, and the court has no mandate to entertain an appeal filed out of time.
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The Court of Appeal struck out an appeal as time barred, holding that a defective certificate of delay could not be used to cure lateness under Rule 90(1).
The court found that dismissing the appeal for want of prosecution was an error, as the amended petition was filed out of time and thus incompetent; the proper remedy was to strike out the appeal. Naming errors were cured by the oxygen principle, but applicants cannot benefit from their own mistakes.
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The High Court struck out a criminal appeal after finding the notice of appeal defective because it named the wrong respondent, making the appeal unmaintainable.
The Court of Appeal struck out a re-filed appeal for lack of a valid notice of appeal, while holding that leave to appeal obtained separately remained valid.
The Court of Appeal struck out a civil appeal as incompetent because the record contained a defective decree and omitted essential documents.
The Court of Appeal struck out a criminal appeal after both appellants were absent and could not be traced, leaving them free to re-institute it if they reappear.
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