Description
MEDITERANEAN SHIPPING V. AFRITEX LIMITED, COURT OF APPEAL OF TANZANIA, DAR ES SALAAM (2020).
Number of letters applying for a copy of proceedings – ready for collection – certificate of delay excluded wrong dates –defective certificate of delay – duty of counsel to ensure correctness of the certificate of delay – overriding objective principle.
- Number of letters by the appellant and the Registrar applying for a copy of proceedings and notifying that the same were ready for collection respectively – the important letter is the one filed by the appellant after the delivery of the impugned decision and the Registrar’s letter informing the appellant that the copy is ready for collection (p. 4).
- Certificate of delay excluded wrong dates – it was held that the certificate of delay is defective rendering the appeal incompetent on account of being time barred (p. 5).
- Defective certificate of delay – the Court decided not to strike out the appeal because the defect in the certificate of delay was committed by the Registrar of the Court (although the counsel for the appellant was duty bound to ensure correctness of the certificate of delay before including it in the record of appeal). In doing so, the Court applied the overriding objective principle (p. 5). Consequently, the appellant was allowed to obtain and include in the record of appeal, a properly drawn certificate of delay (p. 6).
