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Kitegile v Loans and Advances Realization Trust (Civil Appeal No. 17 of 1999)  TZCA 77 (25 November 2005)
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(CORAM: LUBUVA, J.A., MUNUO, J.A., and NSEKELA, J.A.)
CIVIL APPEAL NO. 17 OF 1999
HAMISI LUGA KITEGILE………………………………………… APPELLANT
(Appeal from the order of the LART TRIBUNAL
OF TANZANIA at Dar es Salaam)
This is a preliminary objection raised at the hearing of an appeal between the appellant, Hamisi Luga Kitegile, and the respondent, the Loans and Advances Realisation Trust. The preliminary objection raised by Mr. Kamugisha, learned advocate for the respondent, had two grounds, namely –
1.The appeal is incompetent as it was not instituted within 60 days period prescribed under Rule 83 (1) and the appellant cannot rely on the ‘Certificate of Delay ‘ issued by the Registrar of the High Court, as there is failure by the appellant to comply with Rule 83 (2) of the Tanzania Court of Appeal Rules, 1979.
2.The appeal is incompetent as the Memorandum of Appeal relied upon by the appellant contravene Rules 15, 86 (1), (3) and Form ‘F’ of the First Schedule of the Tanzania Court of Appeal Rules, 1979.