20051222 TZCA Dar es Salaam

20051222 TZCA Dar es Salaam

Applicant failed to provide sufficient and satisfactory explanation for the delay in serving the notice of appeal; affidavits lacked evidential value and there was an unexplained gap in action, thus no grounds for extension of time.

Citation
20051222 TZCA Dar es Salaam
Parties
Applicant: Gibb Eastern Africa Ltd; Respondent: Syscon Builders Ltd. and Two Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 December 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
Source Language
English
Civil Procedure Extension of Time Service of Notice of Appeal Amendment of Notice of Appeal

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Parties

Gibb Eastern Africa Ltd

Applicant

Syscon Builders Ltd. and Two Others

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient reason exists to extend time for serving notice of appeal
  2. 2 Whether applicant should be allowed to amend notice of appeal

Ratio Decidendi

Applicant failed to provide sufficient and satisfactory explanation for the delay in serving the notice of appeal; affidavits lacked evidential value and there was an unexplained gap in action, thus no grounds for extension of time.

Court Disposition

Application dismissed with costs.

Orders

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