20180621 TZCA Dar es Salaam 1

20180621 TZCA Dar es Salaam 1

Applicant sufficiently explained delay due to legal officer's departure and inability to obtain affidavit; delay of 26 days between discovery and filing condoned given circumstances; good cause shown for extension of time to serve respondents and file written submissions.

Citation
20180621 TZCA Dar es Salaam 1
Parties
Applicant: Irene Temu; Respondent: Ngasa M. Dindi; Respondent: Kinondoni Municipal Council; Respondent: Mohamed Esti
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 June 2018
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Service of Process, Written Submissions, Amendment of Notice of Appeal
Source Language
English
Civil Procedure Land Law Extension of Time Service of Process Written Submissions Amendment of Notice of Appeal

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Parties

Irene Temu

Applicant

Ngasa M. Dindi

Respondent

Kinondoni Municipal Council

Respondent

Mohamed Esti

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether applicant has shown good cause for extension of time to serve respondents and file written submissions
  2. 2 Whether delay caused by legal officer's departure constitutes good cause

Ratio Decidendi

Applicant sufficiently explained delay due to legal officer's departure and inability to obtain affidavit; delay of 26 days between discovery and filing condoned given circumstances; good cause shown for extension of time to serve respondents and file written submissions.

Court Disposition

application granted

Orders

  • Applicant given 14 days from date of ruling to serve respondents with Civil Application No. 185 of 2016.
  • Applicant given 60 days from date of ruling to file written submissions in Civil Application No. 185 of 2016.