LIFE PROMOTERS SOCIETY TANZANIA VS. HIPPOLITUS PAMPHIL NJAU. CIVIL APPLICATION NO. 269/05 OF 2019

Abstract

Held: (i) The intended appeal ought to have been lodged within sixty days from 1/10/2018 when the notice of appeal was filed. The said limitation period expired on or about 30/11/2018. Since by that time no appeal was lodged, the respondent is out of time to institute the intended appeal. Hence, he failed to take an essential step of lodging his appeal. (ii)The Certificate of Delay issued on 26th November, 2018 was mistakenly handed out by the Registrar. It was in total contravention of the dictates of the provisions of rule 90(1) of the Rules. The respondent was required to apply for necessary copy of documents within 30 days from the date of judgment, in this case the letter requesting the documents was written more than 3 years from the date of judgment. It is therefore invalid.