EDWARD JAPHET MBANGALA AND ANOTHER v. TENENDE MWAKAGILE, CIVIL APPEAL NO. 415 OF 2020

Abstract

Held: (i) The period to appeal starts to run from the date when the appellants lodged the notice of appeal, in the instant appeal, the notice of appeal was lodged on 16th November 2016 and the appeal was filed on 20th May, 2020. (ii) Since the Appellant failed to serve the letter which requested necessary documents to appeal as per proviso to Rule 90(1) of the Rules, therefore Appellant cannot seek to benefit from the exclusion of time beyond sixty days (60) from appealing.Henceforth, the instant appeal violates Rule 90(1) of the Rules for being delayed more than three (3) years. The appeal is strike out