interstate offices ltd another vs silent hotedl ltd 2018 tzhc 2933 20 july 2018

Applicants were not notified of the date of delivery of judgment as required by law, and there is an allegation of illegality in the proceedings; these constitute sufficient reasons to grant extension of time for filing notice of appeal.

Citation: interstate offices ltd another vs silent hotedl ltd 2018 tzhc 2933 20 july 2018
Parties: Applicant: Interstate Offices Ltd; Applicant: Freddy William Rwegasira; Respondent: Silent Hotels Ltd
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 July 2018
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome: application granted
Legal Topics: Extension of Time, Notice of Appeal, Right to Appeal, Service of Judgment Date, Illegality as Ground for Extension
Source Language: English

Civil Procedure Appellate Practice Extension of Time Notice of Appeal Right to Appeal Service of Judgment Date Illegality as Ground for Extension

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Parties

Interstate Offices Ltd

Applicant

Freddy William Rwegasira

Applicant

Silent Hotels Ltd

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether applicants are entitled to extension of time to file notice of appeal out of time
2 Whether failure to notify applicants of judgment date constitutes sufficient reason for extension
3 Whether alleged illegality in proceedings justifies extension

Ratio Decidendi

Court Disposition

application granted

Orders

Applicants given thirty days from date of ruling to file notice of intention to appeal to the Court of Appeal against decision in Civil Case No. 464 of 1999 dated 4th December 2015.
No order as to costs.