murzah oil mills ltd vs kouk oils grains pte ltd 2005 tzca 59 13 october 200

Applicant not at fault for late service; registry staff error caused delay; legitimate reason for failure to comply with Rule 90(1); extension of time granted.

Citation: murzah oil mills ltd vs kouk oils grains pte ltd 2005 tzca 59 13 october 200
Parties: Applicant: Murzah Oil Mills Ltd.; Respondent: Kouk Oils and Grains Pte Ltd.
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 1 January 2005
Procedural Posture: Civil Application / Application for Extension of Time
Outcome: application granted
Legal Topics: Extension of Time, Service of Record of Appeal, Court Registry Errors
Source Language: English

Civil Procedure Extension of Time Service of Record of Appeal Court Registry Errors

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Parties

Murzah Oil Mills Ltd.

Applicant

Kouk Oils and Grains Pte Ltd.

Respondent

Procedural Posture

Civil Application / Application for Extension of Time

Legal Issues

1 Whether the applicant should be granted extension of time to serve the record of appeal on the respondent
2 Whether the applicant was at fault for late service due to registry error

Ratio Decidendi

Applicant not at fault for late service; registry staff error caused delay; legitimate reason for failure to comply with Rule 90(1); extension of time granted.

Court Disposition

application granted

Orders

Applicant granted extension of time to serve record of appeal on respondent by 17th October, 2005
Costs of application to abide result of appeal