VODACOM TANZANIA LIMITED VS. INNOCENT DANIEL NJAU CIVIL APPEAL NO. 60 OF 2019.
Abstract
1. Equally in the circumstances of the present case where the appellant alleges that the trial court had no jurisdiction to determine the matter placed before it. In our view, such illegality could not be left unnoticed because the ultimate decision of the trial court affected the rights of the parties.
2. We entertain no doubt that lack of jurisdiction is a point of illegality worth consideration in an application for extension of time. Therefore, the appellant demonstrated sufficient cause warranting the grant of extension of time to file notice of appeal
3. In the circumstances of the instant application, we find it appropriate to interfere with the decision of the High Court and it is hereby set aside.