Calico Textile Industries Ltd. v Pyarali Esmail Premji 1983 TLR 28 (CA)

CALICO TEXTILE INDUSTRIES LTD. v PYARALIESMAIL PREMJI 1983 TLR 28 (CA)

Court Court of Appeal of Tanzania - Dar Es Salaam

Judge Nyalali CJ, Makame JJA and Kisanga JJA

3 November 1983

CIVIL APPEAL 16 OF 1983 B

Flynote

Civil Practice and Procedure - Appeal - Failure to file appeal within prescribed time - Appellant represented by Advocate - Whether appeal to be admitted - R.83 Court of Appeal Rules.

Civil Practice and Procedure - Appeal - Appeal of time - Advocates failure to check the law properly - Whether sufficient ground.

-Headnote

The appellant who was represented by an advocate sought to file his appeal out of time. The respondent applied to have his Notice of Appeal struck out for failure to institute his appeal within the prescribed period.

Held: Failure of a party's advocate to check the law is not sufficient ground for allowing an appeal out of time.

Case Information

Application allowed.

No case referred to.

Patel for the appellant

M.A. Lakha for the respondent.

[zJDz]Judgment

Nyalali, C.J. read the following order of the court. This is an application brought by the Respondent under Rule 82 of the Tanzania Court of Appeal Rules 1979 to have the Notice of Appeal struck out for failure by the appellant to institute his appeal within the period prescribed by Rule 83 of the Tanzania Court of Appeal Rules, 1979.

The application is supported by affidavit of Mr. Lakha, learned Advocate for Respondent.

Having heard both sides, it is quite clear that the appeal was filed hopelessly out of time. The reason for the delay advanced by Mr. Patel for the appellant is that he did not check the requirements of the law properly. Surely this cannot be sufficient reason for allowing I Appellant, who is represented by a learned Advocate, to file his appeal so much out of time.

We therefore allow the application and order the notice of appeal be struck out with costs.

B Application allowed.

1983 TLR p29

C