crje vs chama juma 2010 tzca 119 18 august 2010
- Citation
- crje vs chama juma 2010 tzca 119 18 august 2010
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZCA
- Decision
- 18 August 2010
- Posture
- Civil Application / Application for Extension of Time
- Language
- English
More details
- Court
- TZCA
- Decision
- 18 August 2010
- Posture
- Civil Application / Application for Extension of Time
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant demonstrated good cause for the delay as the respondent's whereabouts were unknown and the application was unchallenged; therefore, extension of time is justified under the rules.
Court disposition
application allowed
Orders
- Time to serve the respondent with a notice of appeal is extended for 14 days from the date of the ruling.
02
Material facts
Parties
C.R.J.E
Applicant Counsel: Ms. ButamoChama Juma
RespondentAmounts and remedies
- Extension Period Granted: 14
03
Procedural history
Posture
Civil Application / Application for Extension of Time
04
Questions and positions
Legal issues
Whether the applicant has shown good cause for extension of time to serve notice of appeal
Party arguments
- Applicant
- The applicant failed to serve the notice of appeal within time because the respondent's whereabouts were unknown. The respondent has now been located.
- Respondent
- No argument presented; application unchallenged.
05
Court’s reasoning
Legal principles
- 01
Rule 8 of the Tanzania Court of Appeal Rules, 1979 (now Rule 10 of 2009 Rules)
The court may extend time limited by the rules if good cause is shown.
06
Ratio, limits and disposition
Ratio decidendi
The applicant demonstrated good cause for the delay as the respondent's whereabouts were unknown and the application was unchallenged; therefore, extension of time is justified under the rules.
Court disposition
application allowed
- Time to serve the respondent with a notice of appeal is extended for 14 days from the date of the ruling.
Source and reliance status
TZCA · 18 August 2010
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZCA
Judgment· 18 August 2010
IN THE COURT OF APPEAL OF TANZANIA
AT PAR ES SALAAM CIVIL APPLICATION NO. 145 OF 2009 C.RJ.E ............................................................................... APPLICANT
VERSUS CHAMA JUMA .............................................................. RESPONDENT (Application for Extension of time to serve a Notice of Appeal to the Respondent, from the Judgment/ Decree/Order/Finding/Decision of the High Court of Tanzania at Dar es salaam) (M asengLi) Dated the 1st day of December, 2009 In Civil Appeal No. 57 of 2009
RULING KALEGEYA. J.A.: The Applicant represented by Ms. Butamo, learned counsel, prays for an order extending time within which to serve a Notice of Appeal to the Respondent. The application was by way of a Notice Motion filed under Rule 8 of the Tanzania Court of Appeal Rules, 1979, now repealed and replaced by Rule 10 of Tanzania Court of Appeal Rules, 2009. The Application is supported by an affidavit of the very counsel. The reason given for failure to effect the requisite service, contained in paragraphs 4 and 5 of the supporting affidavit and amplified in the counsel's submissions is that the Respondent's whereabouts were unknown. It is now submitted that he (Respondent) has surfaced as he has been seen in the corridors of the High Court making a follow up of another application between same parties for leave to appeal. In terms of Rule 8 (then) and Rule 10 (now) the court can extend time limited by the Rules if the applicant shows good cause for having failed to act in time. Here, the Notice of appeal was filed on 4th Dec. 2009 and the same was supposed to have been served on Respondent within 7 days, that is, by 11th December, 2009. The Applicant is thus deplorably out of time. However, on the basis of the unchallenged reasons fronted, I am satisfied that indeed it is a good cause envisaged under the Rules. For reasons stated, the application is allowed. Time within which to serve the Respondent with a Notice of Appeal is hereby extended for 14 days from today. DATED at DAR ES SALAAM this 18th day of August, 2010. L.B. KALEGEYA
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.