20051013 TZCA Dar es Salaam

20051013 TZCA Dar es Salaam

The applicant was not at fault for the delay in serving the record of appeal; the error was caused by the registry staff's failure to promptly endorse the document. There is legitimate reason for the failure to comply with Rule 90(1), justifying extension of time.

Citation
20051013 TZCA Dar es Salaam
Parties
Applicant: Murzah Oil Mills Ltd; Respondent: Kouk Oils and Grains Pte Ltd
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 October 2005
Procedural Posture
Civil Application / Application for Extension of Time to Serve Record of Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Service of Record of Appeal, Court Registry Errors
Source Language
English
Civil Procedure Appellate Practice Extension of Time Service of Record of Appeal Court Registry Errors

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Parties

Murzah Oil Mills Ltd

Applicant

Kouk Oils and Grains Pte Ltd

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Serve Record of Appeal

Legal Issues

  1. 1 Whether the applicant should be granted extension of time to serve the record of appeal on the respondent due to registry error

Ratio Decidendi

The applicant was not at fault for the delay in serving the record of appeal; the error was caused by the registry staff's failure to promptly endorse the document. There is legitimate reason for the failure to comply with Rule 90(1), justifying extension of time.

Court Disposition

Application granted

Orders

  • Extension of time granted to serve the record of appeal on the respondent by 17th October, 2005
  • Costs of the application to abide the result of the appeal