heritage insurance company ltd vs sabians mchau others 2021 tzca 523 27 september 2021

heritage insurance company ltd vs sabians mchau others 2021 tzca 523 27 september 2021

The applicant failed to demonstrate good or sufficient cause for the delay in serving the Memorandum and Record of Appeal, as the explanations provided were unsubstantiated, lacked necessary details, and indicated negligence and inaction.

Citation
heritage insurance company ltd vs sabians mchau others 2021 tzca 523 27 september 2021
Parties
Applicant: Heritage Insurance Company Ltd.; 1st Respondent: Sabians Mchau; 2nd Respondent: The Permanent Secretary Ministry of Health; 3rd Respondent: The Attorney General
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 September 2021
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Serve Memorandum and Record of Appeal
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Service of Court Documents, Appellate Procedure
Source Language
English
Civil Procedure Extension of Time Service of Court Documents Appellate Procedure

Case Brief

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Parties

Heritage Insurance Company Ltd.

Applicant

Sabians Mchau

1st Respondent

The Permanent Secretary Ministry of Health

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Serve Memorandum and Record of Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for extension of time to serve the Memorandum and Record of Appeal out of time

Ratio Decidendi

The applicant failed to demonstrate good or sufficient cause for the delay in serving the Memorandum and Record of Appeal, as the explanations provided were unsubstantiated, lacked necessary details, and indicated negligence and inaction.

Court Disposition

Application dismissed with costs.

Orders

  • The application for extension of time is dismissed with costs.