| dc.description | AMIE SADICK SANGA VS. NATIONAL BANK OF COMMERCE LIMITED
COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM (Ndika, Fikirini and Kihwelo JJ.A) CIVIL APPLICATION NO. 105/17 OF 2021.
(Application to strike out notice of appeal arising from High Court of Tanzania (Land Division), Dar es Salaam District Registry at Dar es Salaam) (Mohamed. J.) dated the 27th day of May, 2019 in Land Case No. 150 of 2015)
Civil Procedure and Practice- Appeal- What constitute essential steps for the purpose of appeal?
Civil Procedure and Practice- Appeal- Letter requesting documents to the registrar- what should the registrar do after being served the letter requesting necessary documents to institute appeal?
Civil Procedure and Practice- Appeal- Letter requesting documents to the registrar- Time limit within which the registrar should prepare documents?
Civil Procedure and Practice- Appeal- Certificate of Delay- What is the purpose of the registrar issuing certificate of delay?
Facts;
The applicant seeks an order to strike out the respondent's notice of appeal lodged on 14th June, 2019, to challenge the judgment and decree dated 27th May, 2019, in Land Case No. 150 of 2015, for failure to take essential steps to prosecute its appeal. At the High Court, the Applicant was successful winner and the respondent was aggrieved by the said decision in which case a notice of appeal was lodged.
On 29th May, 2019 the respondent wrote a letter requesting to be supplied with certified copies of the judgment, decree, proceedings, and exhibits. The applicant was served with a copy of the letter on 4th June, 2019. On 21st June, 2019, the applicant was served with another copy of the letter written on 14th June, 2019, requesting to be supplied with the documents. A reminder request was made on 26th September, 2019. Since no appeal has been lodged, the applicant preferred this application, urging the Court to strike out the notice of appeal for the respondent's failure to take essential steps.
Held;
1. The courts reinforced the principle stated in the case of Barclays Bank (T) Ltd. v. Hood Transport Ltd & Another, Civil Application No. 134 of 2014 (unreported) " We need to point out that, in essence; essential steps which advance the hearing of the appeals, including a timely collection of the necessary documents which are supposed to be relied upon by the potential appellant in preparing his/her appeal, obtaining leave to appeal in those circumstances where the appeal is not of right, etc."
2. The Registrar is required to inform the appellant or a party who requested the documents when the documents are ready for collection after being served with the letter requesting documents. If the requested documents are supplied outside sixty (60) days within which the appellant ought to have lodged the intended appeal, a certificate of delay, pursuant to Rule 90 (1) of the Court of Appeal Rules, 2009 as amended must be furnished to the appellant.
3. The registrar is required to prepare documents within ninety days (90) after being served with the letter requesting to be supplied with the documents as provided under Rule 90(5) of the Court of Appeal Rules. The intending appellant had the fourteen (14) days required the respondent to make a follow-up after the expiration of the period stated in 90(5).
4. The certificate of delay is issued to allow the appellant to enjoy the exception afforded under Rule 90 (1) of the Court of Appeal Rules. This exception is only applicable if the letters to the Registrar were duly served on the applicant, in compliance with Rule 90 (3) of the Court of Appeal Rules, 2009 as amended.
Application dismissed with Costs.
Statutory provisions referred to;
1. The Court of Appeal Rules, 2009 as amended, 90(1), 90(3), 90(5)
Case Law referred to;
1. Barclays Bank (T) Ltd. v. Hood Transport Ltd & Another, Civil Application No. 134 of 2014 (unreported) | en_US |
| dc.description.abstract | 1.The courts reinforced the principle stated in the case of Barclays Bank (T) Ltd. v. Hood Transport Ltd & Another, Civil Application No. 134 of 2014 (unreported) " We need to point out that, in essence; essential steps which advance the hearing of the appeals, including a timely collection of the necessary documents which are supposed to be relied upon by the potential appellant in preparing his/her appeal, obtaining leave to appeal in those circumstances where the appeal is not of right, etc."
2.The Registrar is required to inform the appellant or a party who requested the documents when the documents are ready for collection after being served with the letter requesting documents. If the requested documents are supplied outside sixty (60) days within which the appellant ought to have lodged the intended appeal, a certificate of delay, pursuant to Rule 90 (1) of the Court of Appeal Rules, 2009 as amended must be furnished to the appellant.
3. The registrar is required to prepare documents within ninety days (90) after being served with the letter requesting to be supplied with the documents as provided under Rule 90(5) of the Court of Appeal Rules. The intending appellant had the fourteen (14) days required the respondent to make a follow-up after the expiration of the period stated in 90(5).
4.The certificate of delay is issued to allow the appellant to enjoy the exception afforded under Rule 90 (1) of the Court of Appeal Rules. This exception is only applicable if the letters to the Registrar were duly served on the applicant, in compliance with Rule 90 (3) of the Court of Appeal Rules, 2009 as amended. | en_US |
