20030224 TZCA Dar es Salaam

20030224 TZCA Dar es Salaam

The applicants acted promptly and diligently upon discovering the error in service, and there was no evidence of negligence or dereliction of duty by counsel. Sufficient cause was shown for extension of time.

Citation
20030224 TZCA Dar es Salaam
Parties
Applicant: Ajani Twurs & Pulse Mills Ltd.; Applicant: Ajani Industrie Ltd.; Respondent: LART Realisation Trust
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 February 2003
Procedural Posture
Civil Application / Application for Extension of Time to Serve Notice of Appeal
Outcome
application granted
Legal Topics
Extension of Time, Service of Notice of Appeal, Inadvertence, Negligence
Source Language
English
Civil Procedure Extension of Time Service of Notice of Appeal Inadvertence Negligence

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Parties

Ajani Twurs & Pulse Mills Ltd.

Applicant

Ajani Industrie Ltd.

Applicant

LART Realisation Trust

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time to serve notice of appeal
  2. 2 Whether inadvertence of applicant's clerk constitutes sufficient cause

Ratio Decidendi

The applicants acted promptly and diligently upon discovering the error in service, and there was no evidence of negligence or dereliction of duty by counsel. Sufficient cause was shown for extension of time.

Court Disposition

application granted

Orders

  • A copy of the notice of appeal to be served on the respondent within seven days from today.
  • Costs of this application to abide the results of the appeal.