benjamin h ndesarion ta harambee bus service sub40 bus services vs ms rahisi general merchant ltd another 2024 tzca 189 18 march 2024
The applicant failed to justify the delay in serving the notice of appeal and request letter as the explanation was based on hearsay without supporting affidavit from the registry officer, and the subsequent delay was not explained in the affidavit. The single Justice's exercise of discretion was not shown to be...
Source-derived case information.
- Citation
- benjamin h ndesarion ta harambee bus service sub40 bus services vs ms rahisi general merchant ltd another 2024 tzca 189 18 march 2024
- Parties
- Applicant: Benjamini H. Ndesario T/A Harambee Bus Services/ UB40 Bus Services; 1st Respondent: M/S Rahisi General Merchant Ltd; 2nd Respondent: M/S Uhuru Peak Service Station
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 March 2024
- Procedural Posture
- Civil Reference / Ruling on Reference From Single Justice's Decision Refusing Extension of Time
- Outcome
- Application dismissed with costs
- Legal Topics
- Extension of Time, Service of Notice of Appeal, Affidavit Evidence, Discretion of Single Justice
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Benjamini H. Ndesario T/A Harambee Bus Services/ UB40 Bus Services
Applicant
M/S Rahisi General Merchant Ltd
1st Respondent
M/S Uhuru Peak Service Station
2nd Respondent
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice's Decision Refusing Extension of Time
Legal Issues
- 1 Whether the applicant justified the delay in serving the notice of appeal and request letter
- 2 Whether the single Justice erred in requiring an affidavit from the registry officer
- 3 Whether the period between collection of documents and filing was reasonably explained
Ratio Decidendi
The applicant failed to justify the delay in serving the notice of appeal and request letter as the explanation was based on hearsay without supporting affidavit from the registry officer, and the subsequent delay was not explained in the affidavit. The single Justice's exercise of discretion was not shown to be erroneous.
Court Disposition
Application dismissed with costs
Orders
- Application dismissed
- Applicant to pay costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment