20120217 TZCA Dar es Salaam

20120217 TZCA Dar es Salaam

Where respondents did not participate in the High Court proceedings and could not be served, the Court may direct that service of appeal documents on them is not required, in the interests of justice and expeditious disposal of the appeal.

Citation
20120217 TZCA Dar es Salaam
Parties
Applicant: Federicco Gellini; 1st Respondent: Jaco & Roellene Du Plessis Safaris of South Africa; 2nd Respondent: Roellene Du Plessis alias Carolina Du Plessis; 3rd Respondent: Gert Jacobus Plessis Senior; 4th Respondent: Ryan Wienand; 5th Respondent: Abdulkadir Luta Mohamed; 6th Respondent: Christopher James Hatty; 7th Respondent: Masailand Hunting Company Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 February 2012
Procedural Posture
Civil Application / Application for Extension of Time And/or Direction on Service of Appeal Documents
Outcome
application granted
Legal Topics
Substituted Service, Service of Process, Appeals Procedure, Discretion of Court
Source Language
English
Civil Procedure Substituted Service Service of Process Appeals Procedure Discretion of Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Federicco Gellini

Applicant

Jaco & Roellene Du Plessis Safaris of South Africa

1st Respondent

Roellene Du Plessis alias Carolina Du Plessis

2nd Respondent

Gert Jacobus Plessis Senior

3rd Respondent

Ryan Wienand

4th Respondent

Abdulkadir Luta Mohamed

5th Respondent

Christopher James Hatty

6th Respondent

Masailand Hunting Company Limited

7th Respondent

Procedural Posture

Civil Application / Application for Extension of Time And/or Direction on Service of Appeal Documents

Legal Issues

  1. 1 Whether the applicant should be granted extension of time or exemption from serving appeal documents on respondents who did not participate in the High Court proceedings

Ratio Decidendi

Where respondents did not participate in the High Court proceedings and could not be served, the Court may direct that service of appeal documents on them is not required, in the interests of justice and expeditious disposal of the appeal.

Court Disposition

application granted

Orders

  • No service of notice of appeal, memorandum, and record of appeal is required on the 1st, 2nd, and 3rd respondents.
  • The three respondents are not required to give addresses of service under Rule 86(1).