AMIE SADICK SANGA VS. NATIONAL BANK OF COMMERCE LIMITED. CIVIL APPLICATION NO. 105/17 OF 2021

Abstract

1.The courts reinforced the principle stated in the case of Barclays Bank (T) Ltd. v. Hood Transport Ltd & Another, Civil Application No. 134 of 2014 (unreported) " We need to point out that, in essence; essential steps which advance the hearing of the appeals, including a timely collection of the necessary documents which are supposed to be relied upon by the potential appellant in preparing his/her appeal, obtaining leave to appeal in those circumstances where the appeal is not of right, etc."

2.The Registrar is required to inform the appellant or a party who requested the documents when the documents are ready for collection after being served with the letter requesting documents. If the requested documents are supplied outside sixty (60) days within which the appellant ought to have lodged the intended appeal, a certificate of delay, pursuant to Rule 90 (1) of the Court of Appeal Rules, 2009 as amended must be furnished to the appellant.

3. The registrar is required to prepare documents within ninety days (90) after being served with the letter requesting to be supplied with the documents as provided under Rule 90(5) of the Court of Appeal Rules. The intending appellant had the fourteen (14) days required the respondent to make a follow-up after the expiration of the period stated in 90(5).

4.The certificate of delay is issued to allow the appellant to enjoy the exception afforded under Rule 90 (1) of the Court of Appeal Rules. This exception is only applicable if the letters to the Registrar were duly served on the applicant, in compliance with Rule 90 (3) of the Court of Appeal Rules, 2009 as amended.