20140313 TZCA Tabora

IN THE COURT OF APPEAL OF TANZANIA AT TABORA CIVIL APPLICATION NO. 7 OF 2013 BARRICK GOLD CORPORATION TANZANIA..................APPELLANT VERSUS MASUMBUKO MANONI..............................................RESPONDENT (Application from the decision of the High Court of Tanzania at Tabora) fMruma, J.) Dated the 8th day of November, 2013 in Civil Appeal No. 23 of 2012 RULING 13th & 13th March, 2014 MSOFFE, 3.A.: This is a very short matter. Essentially the respondent was the Appellant in Civil Case No. 23 of 2013 which was determined by the High Court (Mruma, J.) on 6/11/2013 in the applicant's favour. Aggrieved, the respondent herein has since filed a notice of appeal and served the applicant. Under Rule 86(l)(a) of the Tanzania Court of Appeal Rules, 2009, the applicant was required to serve the respondent notice of a full and sufficient address for service within a period of fourteen days after service of the notice of appeal. That was not done for reasons which are stated under paragraph 6 of the affidavit deponed by Yussuf Sheikh in support of the application, hence this application. At today's date of haring the respondent who appeared in person, unrepresented, stated that he had no objection to the application. Since the application is not opposed it is accordingly granted as prayed. The applicant is given a period of fourteen days from today to effect the service in question. DATED at TABORA this 13th day of March, 2014. J.H. MSOFFE JUSTICE OF APPEAL I certify that this is a true copy of the original. P. YA SENIOR DEPUTY REGISTRAR COURT OF APPEAL