Mkombozi Centre for Street Children versus The Hon. Attorney General

Mkombozi Centre for Street Children versus The Hon. Attorney General; Civil Appeal No. 30 of 2014: Court of Appeal of Tanzania at Arusha (Unreported).

  • Court of Appeal Rules
  • Preliminary objection – failure to give notice within time prescribed by the law.
  • Letter to request copy of proceedings – Failure to serve the letter to the other party –Effect.

Held:-

(i) A party who wishes to raise a preliminary objection should comply with Rule 107(1) of the Court of Appeal Rules by giving notice within a requisite period of three clear days before hearing of the appeal and cite the relevant law.

(ii) When a letter to request copy of proceedings is either not copied to the other party or served to him; the Appellant cannot benefit from the certificate of delay issued by the Registrar of the High Court and, therefore, the appeal is time – barred.

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