CIVIL APPLICATION NO

CIVIL APPLICATION NO

The applicant satisfactorily explained the delay in serving the respondents, as the inability to serve was due to the closure of the advocate's office and diligent efforts were made to locate the respondents. The delay was excusable and not due to negligence or inaction, thus extension of time was warranted.

Citation
CIVIL APPLICATION NO
Parties
Applicant: Abubakar Rashid Ismail; 1st Respondent: Ahmed Salum Rashid Katungunya; 2nd Respondent: Abdallah Salum Rashid Katungunya
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil Application / Application for Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Service of Process, Appeals, Good Cause Requirement
Source Language
English
Civil Procedure Land Law Extension of Time Service of Process Appeals Good Cause Requirement

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Parties

Abubakar Rashid Ismail

Applicant

Ahmed Salum Rashid Katungunya

1st Respondent

Abdallah Salum Rashid Katungunya

2nd Respondent

Procedural Posture

Civil Application / Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to serve the respondents with the memorandum and record of appeal

Ratio Decidendi

The applicant satisfactorily explained the delay in serving the respondents, as the inability to serve was due to the closure of the advocate's office and diligent efforts were made to locate the respondents. The delay was excusable and not due to negligence or inaction, thus extension of time was warranted.

Court Disposition

application granted

Orders

  • Extension of time granted to serve the respondents with copies of the memorandum and record of appeal and additional record of appeal in Civil Appeal No. 365 of 2020 within thirty (30) days from the date of the ruling.
  • Each party to bear their own costs.