benjamin h ndesario ta harambee bus services ub 40 bus service vs ms rahisi general merchant ltd another 2023 tzca 17431 20 july 2023

benjamin h ndesario ta harambee bus services ub 40 bus service vs ms rahisi general merchant ltd another 2023 tzca 17431 20 july 2023

Applicant failed to provide sufficient evidence and explanation for the delay, particularly lacking an affidavit from the court staff and failing to account for the period after receiving the notice of appeal; thus, no good cause was shown for extension of time.

Citation
benjamin h ndesario ta harambee bus services ub 40 bus service vs ms rahisi general merchant ltd another 2023 tzca 17431 20 july 2023
Parties
Applicant: Benjamin H. Ndesario t/a Harambee Bus Services/UB 40 Bus Service; 1st Respondent: M/S Rahisi General Marchant Ltd; 2nd Respondent: M/S Uhuru Peak Service Station
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 July 2023
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Service of Notice of Appeal, Affidavit Evidence, Technical Delay
Source Language
English
Civil Procedure Extension of Time Service of Notice of Appeal Affidavit Evidence Technical Delay

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Parties

Benjamin H. Ndesario t/a Harambee Bus Services/UB 40 Bus Service

Applicant

M/S Rahisi General Marchant Ltd

1st Respondent

M/S Uhuru Peak Service Station

2nd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown good cause for extension of time to serve notice of appeal and letter to the Deputy Registrar

Ratio Decidendi

Applicant failed to provide sufficient evidence and explanation for the delay, particularly lacking an affidavit from the court staff and failing to account for the period after receiving the notice of appeal; thus, no good cause was shown for extension of time.

Court Disposition

Application dismissed with costs