mohamed hatibu vs salima mswahili 1999 tzca 29 1 july 1999

Waiver of service is granted because no legal representative exists for the deceased respondent, making service impossible and the applicant had properly applied for waiver initially.

Citation: mohamed hatibu vs salima mswahili 1999 tzca 29 1 july 1999
Parties: Applicant: Mohamed Hatibu; Respondent: Salima Mswahili
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 1 July 1999
Procedural Posture: Civil Application / Application for Waiver of Service and Extension of Time
Outcome: application allowed
Legal Topics: Service of Process, Waiver of Service, Extension of Time, Appeals
Source Language: English

Civil Procedure Service of Process Waiver of Service Extension of Time Appeals

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Parties

Mohamed Hatibu

Applicant

Salima Mswahili

Respondent

Procedural Posture

Civil Application / Application for Waiver of Service and Extension of Time

Legal Issues

1 Whether extension of time to serve the record of appeal and memorandum of appeal should be granted
2 Whether waiver of service should be allowed when no legal representative exists for the deceased respondent

Ratio Decidendi

Waiver of service is granted because no legal representative exists for the deceased respondent, making service impossible and the applicant had properly applied for waiver initially.

Court Disposition

application allowed

Orders

Waiver of service of the record of appeal and memorandum of appeal on the respondent's side is granted.
Applicant may proceed with other steps necessary for the realisation of the appeal.