VOLTALIA S. A. FRANCE VS. NEXTGEN SOLAWAZI LIMITED CIVIL APPEAL NO. 272 OF 2019

Abstract

(i) In the instance the Registrar of the High Court miscalculated the days spent in preparing and supplying the documents to the appellant the Certificate of delay is invalid. (ii) More often than not, the Court denied to grant leave to the appellant to file supplementary record of appeal where it is found that the appellant had not either written a letter requesting for certified copies of proceedings, judgment and decree or has not served the said letter upon respondent in terms of Rule 90 (3) of the Tanzania Court of Appeal Rules, R.E 2019, that disentitles the appellant to rely on the exclusion period under the proviso to Rule 90 (1) of the Rules. As such even if a certificate of appeal is issued, it is inconsequential to the appellant.