20060504 TZCA Dar es Salaam

20060504 TZCA Dar es Salaam

The delay of one day in serving the notice of appeal was with sufficient cause as the respondent could not be traced and his agent only accepted service after intervention. The application was properly before the Court of Appeal as the High Court lacked jurisdiction to extend time for service of notice of appeal.

Citation
20060504 TZCA Dar es Salaam
Parties
Applicant: Ibrahim Mbando; Respondent: Abbas Mtego
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 May 2006
Procedural Posture
Civil Application / Application for Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Service of Notice of Appeal, Jurisdiction of High Court, Service Through Agent
Source Language
English
Civil Procedure Appellate Practice Extension of Time Service of Notice of Appeal Jurisdiction of High Court Service Through Agent

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Parties

Ibrahim Mbando

Applicant

Abbas Mtego

Respondent

Procedural Posture

Civil Application / Application for Extension of Time

Legal Issues

  1. 1 Whether the delay in serving the notice of appeal was with sufficient cause
  2. 2 Whether the application for extension of time was properly before the Court of Appeal

Ratio Decidendi

The delay of one day in serving the notice of appeal was with sufficient cause as the respondent could not be traced and his agent only accepted service after intervention. The application was properly before the Court of Appeal as the High Court lacked jurisdiction to extend time for service of notice of appeal.

Court Disposition

application granted

Orders

  • Time for service of notice of appeal extended to 26.5.2005
  • Application granted with costs