mariam idd vs abdulrazack omary laizer another 2014 tzca 229 10 september 2014
The application for extension of time is granted as the delay was due to administrative failure and the respondents did not oppose the application.
Source-derived case information.
- Citation
- mariam idd vs abdulrazack omary laizer another 2014 tzca 229 10 september 2014
- Parties
- Applicant: Mariam Idd (As an Administratix of the Estate of Late Mbaraka Omari); Respondent: Abdulrazack Omary Laizer (As Administrator of the Estate of The Late Abubakar Omari); Respondent: Rodrick Humphrey Jonas
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 10 September 2014
- Procedural Posture
- Civil Application / Application for Extension of Time to Serve Notice of Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Service of Notice of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mariam Idd (As an Administratix of the Estate of Late Mbaraka Omari)
Applicant
Abdulrazack Omary Laizer (As Administrator of the Estate of The Late Abubakar Omari)
Respondent
Rodrick Humphrey Jonas
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to Serve Notice of Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to serve notice of appeal
Ratio Decidendi
The application for extension of time is granted as the delay was due to administrative failure and the respondents did not oppose the application.
Court Disposition
Application granted
Orders
- Time extended for applicant to serve notice of appeal to respondents within 14 days from the date of ruling
- Each party to bear own costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT ARUSHA CIVIL APPLICATION NO. 15 OF 2014 MARIAM IDD (As an Administratix of The Estate of Late MBARAKA OMARI). .APPLICANT VERSUS 1. ABDULRAZACK OMARY LAIZER (As Administrator of the Estate of The Late ABUBAKAR OMARI) 2. RODRICK HUMPHREY JONAS .RESPONDENTS (An appeal from the Judgment and decree of the High Court of Tanzania at Arusha) (Nyerere, J.) Dated the 12th July, 2012 in Civil Case No. IB of 1992 RULING 10th& 10th September, 2014 MMILLA. J.A.: This application has been brought by Mariam Idd (As an Administratix of the Estate of the late Baraka Omari). It is based on Rules 10 and 84 (1) of the Tanzania Court of Appeal Rules, 2009 (the Rules). It is seeking this Court's indulgence to extend time within which to serve the respondents with a notice of appeal against the decision of High Court in Civil Case No. 1 B of 1992. The application is supported by an affidavit sworn by the applicant's learned advocate Mr. Kelvin Edward Kwagilwa, also a supplementary affidavit sworn by Talita Kayuri, a Registry Officer of the High Court here at Arusha. The reasons for the delay are reflected in both, the notice of motion and the said affidavits in support of the application, to wit that the delay was occasioned by failure of the Deputy Registrar of the High Court at Arusha to endorse the notice of appeal to pave way for the applicant to serve it to the respondents. Vide a letter to the Registrar dated 27th June, 2014, Mr. Abdul G. Kitururu, learned advocate for the respondents informed the Court that the respondents did not intend to contest the application. In view of that development, this Court grants the application. Time is hereby extended in which the applicant may serve the notice of appeal to the respondents. The same to be served within a period of 14 days from the date of this ruling. Each party to bear own costs. DATED at ARUSHA this 10th day of September, 2014. B. M. MMILLA JUSTICE OF APPEAL I certify that this is a true copy of the original. E.Y. MKWIZU DEPUTY REGISTRAR COURT OF APPEAL