general manager african barrick gold mine ltd vs chacha kiguha others 2022 tzca 275 13 may 2022

general manager african barrick gold mine ltd vs chacha kiguha others 2022 tzca 275 13 may 2022

The applicant failed to serve the notice of appeal on the respondents, which was a prerequisite for the respondents' obligation to lodge a notice of address for service. There was no sufficient evidence of attempts to serve the memorandum and record of appeal, as required by law. The cited rules did not support the relief sought. Therefore, there were no justifiable grounds to grant the application.

Citation
general manager african barrick gold mine ltd vs chacha kiguha others 2022 tzca 275 13 may 2022
Parties
Applicant: General Manager African Barrick Gold Mine Ltd; 1st Respondent: Chacha Kiguha; 2nd Respondent: Neema Chacha; 3rd Respondent: Bhoke Chacha Kiguha (A minor by his next friend Chacha Kiguha); 4th Respondent: Kiguha Chacha (A minor by his next friend Chacha Kiguha); 5th Respondent: Motongori Chacha (A minor by his next friend Neema Chacha); 6th Respondent: Surati Chacha (A minor by his next friend Neema Chacha)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 May 2022
Procedural Posture
Civil Application / Ruling on Application for Orders Regarding Service of Memorandum and Record of Appeal
Outcome
application dismissed with costs
Legal Topics
Service of Court Process, Extension of Time, Appeals Procedure
Source Language
English
Civil Procedure Service of Court Process Extension of Time Appeals Procedure

Case Brief

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Parties

General Manager African Barrick Gold Mine Ltd

Applicant

Chacha Kiguha

1st Respondent

Neema Chacha

2nd Respondent

Bhoke Chacha Kiguha (A minor by his next friend Chacha Kiguha)

3rd Respondent

Kiguha Chacha (A minor by his next friend Chacha Kiguha)

4th Respondent

Motongori Chacha (A minor by his next friend Neema Chacha)

5th Respondent

Surati Chacha (A minor by his next friend Neema Chacha)

6th Respondent

Procedural Posture

Civil Application / Ruling on Application for Orders Regarding Service of Memorandum and Record of Appeal

Legal Issues

  1. 1 Whether there are sufficient grounds to justify an order for service of the memorandum and record of appeal on the respondents outside the prescribed procedure
  2. 2 Whether failure to serve the notice of appeal on the respondents justifies the application
  3. 3 Whether there is sufficient evidence of attempts to serve the respondents

Ratio Decidendi

The applicant failed to serve the notice of appeal on the respondents, which was a prerequisite for the respondents' obligation to lodge a notice of address for service. There was no sufficient evidence of attempts to serve the memorandum and record of appeal, as required by law. The cited rules did not support the relief sought. Therefore, there were no justifiable grounds to grant the application.

Court Disposition

application dismissed with costs

Orders

  • Application dismissed in its entirety with costs.