Sahara Media Group Vs simbanet Tanzania limited, Civil appeal no 65 of 2020.

In this case tries to explain the effect of not serving copy of written submission to other party.

Upon hearing the submissions of both learned counsel on the point of objection, the issue for our consideration is whether, appellant’s total noncompliance with rule 97 (1) of the Rules to serve the memorandum of

appeal and the record of appeal on the respondent renders the appeal incurably incompetent.

For ease of reference thus, we find it necessary to quote rule 97 (1) of the Rules. It reads as follows: “The appellant shall, before or within seven days after lodging the memorandum of appeal and the record of appeal in the appropriate registry, serve copies of them on each respondent who has compiied with the requirements of rule 86”. (Emphasis added).

As is discerned from the above cited rule, serving of the memorandum of appeal and the record of appeal by the appellant on the respondent within seven days of the filing is mandatory.

However, in the present appeal it is not disputed that there was noncompliance with that requirement. We are aware that the Rules are silent on the legal consequences of the said omission and the way forward.

Nonetheless, we wish to observe that, nonobservance of the limitation period prescribed by the law, in this case rule 97(1) of the Rules, is incurable in the circumstance.

have you copy below;