20171114 TZCA Dar es Salaam

20171114 TZCA Dar es Salaam

Failure to serve the first respondent was a fatal irregularity; applicant is granted leave to serve first respondent by substituted service, but must bear costs for today's attendance.

Citation
20171114 TZCA Dar es Salaam
Parties
Applicant: Mohamed A. Shatry; First Respondent: Sifa Mwitu; Second Respondent: Halday Niueeb
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 November 2017
Procedural Posture
Civil Application / Application for Extension of Time to Lodge Revision
Outcome
leave granted to serve first respondent by substituted service; applicant to bear costs for second respondent's attendance
Legal Topics
Extension of Time, Revision, Service of Process
Source Language
English
Civil Procedure Extension of Time Revision Service of Process

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Parties

Mohamed A. Shatry

Applicant

Sifa Mwitu

First Respondent

Halday Niueeb

Second Respondent

Procedural Posture

Civil Application / Application for Extension of Time to Lodge Revision

Legal Issues

  1. 1 Whether hearing can proceed in absence of first respondent
  2. 2 Whether applicant discharged duty to serve first respondent
  3. 3 Whether applicant has remedy to seek revision

Ratio Decidendi

Failure to serve the first respondent was a fatal irregularity; applicant is granted leave to serve first respondent by substituted service, but must bear costs for today's attendance.

Court Disposition

leave granted to serve first respondent by substituted service; applicant to bear costs for second respondent's attendance

Orders

  • Applicant granted leave to serve first respondent by substituted service
  • Applicant to bear costs for second respondent's attendance