Shabir Tayabali Essaji Vs Farida Seifudin Essaji, Civil Appeal No. 180 Of 2017, In The Court Of Appeal Of Tanzania At Dar Es Salaam, Pp 6-11 (Coram: Mussa. J.A. Mkuye, J.A., And Wambali. J.A

Abstract

Rule 90(1) of the Rules which governs institution of appeals to this Court requires the appeal to be lodged within sixty days from the date when the notice of appeal is lodged. It also provides for the Registrar of the High Court to exclude the days which were required for the preparation and delivery of the copies of proceedings, judgement and decree to the appellant provided the appellant had applied in writing for such documents within thirty days and the copy of such application letter was served on the respondent. Rule 4(2) (a) of the Rules is applicable where there is no specific provision governing the situation. The appeal at hand is governed by Rule 90(1) of the Rules which is a specific law to cater for the situation. Two, as we have already made our finding, the appeal was filed out of time.