This appeal emanates from the decision of the High Court of
Tanzania at Arusha in Miscellaneous Civil Cause No. 7 of 2000. At the hearing
both parties were represented by counsel. Before the hearing of the appeal
commenced the Court requested counsel for the parties to comment on the
propriety of the certificate of delay which was issued by the Registrar of the
High Court to the Appellant.
It was admitted by counsel for Appellant that the
certificate of delay is defective and that the defects are in two folds; First,
that the Deputy Registrar of the High Court simply indicated in the
certificate of delay that the aggregate number of 1491 days were required to
prepare and deliver the copy of proceedings and other documents to the
Appellant without excluding the said days for purpose of computation of time. Second,
that the date, that is, 23rd November, 2012 indicated in the
certificate of delay as the one in which the Appellant applied to be supplied
with the requisite documents is wrong since the Appellant’s letter was written
on 26th November, 2014 and it was received by the High Court
Registry on 29th November, 2014.