CIVIL APPLICATION NO 574 01 OF 2021 NCBA BANK TANZANIA LIMITED VS UAP INSURANCE TANZANIA LIMITED
The applicant provided sufficient reasons for the delay, and the respondent did not oppose the application; therefore, the extension of time was granted.
Source-derived case information.
- Citation
- CIVIL APPLICATION NO 574 01 OF 2021 NCBA BANK TANZANIA LIMITED VS UAP INSURANCE TANZANIA LIMITED
- Parties
- Applicant: NCBA Bank Tanzania Limited; Respondent: UAP Insurance Tanzania Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 2021
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Written Submissions, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
NCBA Bank Tanzania Limited
Applicant
UAP Insurance Tanzania Limited
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether sufficient cause exists to grant extension of time to file written submissions in a pending civil appeal
Ratio Decidendi
The applicant provided sufficient reasons for the delay, and the respondent did not oppose the application; therefore, the extension of time was granted.
Court Disposition
Application granted
Orders
- Applicant to file written submissions within fourteen (14) days
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM CIVIL APPLICATION NO. 574/01 OF 2021 NCBA BANK TANZANIA LIMITED....,.............. .......................... APPLICANT VERSUS UAP INSURANCE TANZANIA LIMITED........................................RESPONDENT (Application for Extension of Time to file Written Submissions in Civil Appeal No. 337 of 2022 pending in the Court of Appeal of Tanzania at Dar es Salaam) RULING 15th July, 2024 FIKIRINI. 3.A.: This application for extension of time to file written submissions preferred by way of notice of motion in terms of rule 10 of the Tanzania Court of Appeal Rules, 2009 (the Rules) is supported by affidavit of James Andrew Bwana, learned Advocate under the instruction of the applicant, NCBA Bank Tanzania Limited, giving out the reasons for the delay in complying with the dictates of rule 106 (1) of the Rules, requiring filing of written submissions within sixty (60) days after the appeal has been lodged. The present appeal was lodged on 26th September, 2022. No affidavit in reply was filed. However, on the date scheduled for hearing Mr. James Andrew Bwana and Mr. Karoli Valerian Tarimo both i learned Advocates appeared for the applicant and respondent, respectively. Mr. Tarimo out rightly informed me that he was not contesting the grant of the application. I have carefully studied the notice of motion and the affidavit deponed outlining the reasons for the delay in filing the written submissions. As Mr. Tarimo, I find the reasons stated in the affidavit in support of the application are sufficient and warrants grant of the prayer for extension of time. I thus, proceed to grant it and order the applicant within fourteen (14) days to file the intended written submissions. It is so ordered. DATED at DAR ES SALAAM this 15th day of July, 2024. P. S. FIKIRINI JUSTICE OF APPEAL The Ruling delivered this 15th day of July, 2024 in the presence of the Mr. James A. Bwana, learned counsel for the applicant and Mr. Karori Valerian Tarimo, learned counsel for the respondent, is hereby certified as a true copy of the original.