20100511 TZCA Mwanza1

20100511 TZCA Mwanza1

Despite inordinate delay and some negligence by the applicant, the court found that prompt initial steps were taken and, in the interest of substantive justice, granted the extension to serve the letter, as the respondent would not be prejudiced.

Citation
20100511 TZCA Mwanza1
Parties
Applicant: The Editor Msanii Africa Newspaper; Respondent: Zacharia Kabengwe
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 May 2010
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Service of Documents, Appeals, Defamation, Libel
Source Language
English
Civil Procedure Extension of Time Service of Documents Appeals Defamation Libel

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Parties

The Editor Msanii Africa Newspaper

Applicant

Zacharia Kabengwe

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time to serve the respondent with a copy of the letter applying for copies of proceedings, judgment, and decree

Ratio Decidendi

Despite inordinate delay and some negligence by the applicant, the court found that prompt initial steps were taken and, in the interest of substantive justice, granted the extension to serve the letter, as the respondent would not be prejudiced.

Court Disposition

Application granted

Orders

  • The applicant is granted extension of time to serve the respondent with a copy of the letter applying for copies of proceedings, judgment, and decree.
  • The letter must be served within seven days from the date of delivery of the ruling.