first national bank tanzania ltd vs hussein ahmed salwar ta pugu hardware 2000 another 2020 tzca 325 19 june 2020

The applicant satisfied the Court that the respondents took no part in the High Court proceedings and that attempts at service were unsuccessful, justifying dispensing with service under rule 84(1).

Citation: first national bank tanzania ltd vs hussein ahmed salwar ta pugu hardware 2000 another 2020 tzca 325 19 june 2020
Parties: Applicant: First National Bank Tanzania Limited; 1st Respondent: Hussein Ahmed Salwar t/a Pugu Hardware (2000); 2nd Respondent: Ahmed Hussein Abdulkarim
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 19 June 2020
Procedural Posture: Civil Application / Application for Direction Dispensing With Service of Notice of Appeal
Outcome: application granted
Legal Topics: Service of Process, Dispensing With Service, Appeals
Source Language: English

Civil Procedure Service of Process Dispensing With Service Appeals

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Parties

First National Bank Tanzania Limited

Applicant

Hussein Ahmed Salwar t/a Pugu Hardware (2000)

1st Respondent

Ahmed Hussein Abdulkarim

2nd Respondent

Procedural Posture

Civil Application / Application for Direction Dispensing With Service of Notice of Appeal

Legal Issues

1 Whether the applicant should be dispensed from serving the notice of appeal on the respondents under rule 84(1) of the Tanzania Court of Appeal Rules

Ratio Decidendi

The applicant satisfied the Court that the respondents took no part in the High Court proceedings and that attempts at service were unsuccessful, justifying dispensing with service under rule 84(1).

Court Disposition

application granted

Orders

Service of the notice of appeal on the respondents is dispensed with.
No order as to costs.