gibb eastern arica ltd vs syscon builders ltd others 2005 tzca 88 1 january 2005

gibb eastern arica ltd vs syscon builders ltd others 2005 tzca 88 1 january 2005

The applicant failed to provide sufficient and satisfactory explanation for the delay in serving the notice of appeal; there was a significant unexplained gap between discovery of the default and the filing of the application; affidavit evidence was inadequate and partly hearsay; the burden to account for the delay was not discharged.

Citation
gibb eastern arica ltd vs syscon builders ltd others 2005 tzca 88 1 january 2005
Parties
Applicant: Gibb Eastern Africa Ltd; Respondents: Syscon Builders Ltd. and Two Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2005
Procedural Posture
Civil Application / Ruling on Application for Extension of Time and Amendment of Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Service of Notice of Appeal, Amendment of Notice of Appeal, Procedural Default
Source Language
English
Civil Procedure Extension of Time Service of Notice of Appeal Amendment of Notice of Appeal Procedural Default

Case Brief

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Parties

Gibb Eastern Africa Ltd

Applicant

Syscon Builders Ltd. and Two Others

Respondents

Procedural Posture

Civil Application / Ruling on Application for Extension of Time and Amendment of Notice of Appeal

Legal Issues

  1. 1 Whether sufficient reason was shown to warrant extension of time to serve notice of appeal out of time
  2. 2 Whether the applicant should be allowed to amend the notice of appeal

Ratio Decidendi

The applicant failed to provide sufficient and satisfactory explanation for the delay in serving the notice of appeal; there was a significant unexplained gap between discovery of the default and the filing of the application; affidavit evidence was inadequate and partly hearsay; the burden to account for the delay was not discharged.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to serve notice of appeal is dismissed
  • Application to amend the notice of appeal is not considered