monica s reweta vs keds tanzania company limited 2020 tzhc 3257 29 september 2020
The application is not contested and the affidavit supports the request; therefore, extension of time is granted.
Source-derived case information.
- Citation
- monica s reweta vs keds tanzania company limited 2020 tzhc 3257 29 september 2020
- Parties
- Applicant: Monica S. Reweta; Respondent: KEDS Tanzania Company Limited
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 September 2020
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica S. Reweta
Applicant
KEDS Tanzania Company Limited
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted extension of time to file an appeal out of time
Ratio Decidendi
The application is not contested and the affidavit supports the request; therefore, extension of time is granted.
Court Disposition
Application granted
Orders
- Applicant granted fourteen (14) days from the date of ruling to file appeal
- Each party to bear its own costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM MISCELLANEOUS CIVIL APPLICATION NO. 412 OF 2020 MONICA S. REWETA ................................................ APPLICANT VERSUS KEDS TANZANIA COMPANY LIMITED ..................... RESPONDENT RULING This is an application for extension of time within which to appeal to this court out of time against the decision of Kibaha District Court in Civil Appeal No. 5 of 2020. It has been brought under Section 25(1) (l)(b) of the Magistrates' Courts Act, [Cap. 11 R.E. 2019] and any other enabling law supported by the applicant's affidavit. The same is not contested by the respondent who appeared in court through the services of Mr. LUSAJO MWAKALUNDWA learned advocate and prayed for waiver of costs. The appellant is represented by MR. SINDILO LYIMO learned advocate who after concession to the application by the respondent is also not contesting the prayer for waiver of costs. Having gone through the affidavit in support of the application and considering the fact that the application is not contested by the Respondent, I am satisfied that it is one of which deserve extension of time. I would i therefore grant the same as I hereby do. The applicant is given extension of fourteen (14) days within which to file the appeal to this court from the date of this ruling. Each party to bear its own costs. It is so ordered. Delivered today this 29th day of September, 2020 in the presence of Mr. Sindilo Lyimo, Advocate for the Applicant and Ms. Lulu Masasi Court Clerk. E. E. Kakofeki JUDGE 2