20141016 TZHC Dar es Salaam
The applicant could not serve the notice of appeal and letter requesting certified copies within the prescribed time because the respondent failed to provide an address for service until after the expiry of the statutory period. This constituted sufficient cause for extension of time.
Source-derived case information.
- Citation
- 20141016 TZHC Dar es Salaam
- Parties
- Applicant: Ngerengere Estate Company Ltd; Respondent: Edna William Sitta
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 16 October 2014
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time
- Outcome
- Application for extension of time granted
- Legal Topics
- Extension of Time, Service of Notice of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ngerengere Estate Company Ltd
Applicant
Edna William Sitta
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant should be granted extension of time to serve the notice of appeal and letter requesting certified copies on the respondent
Ratio Decidendi
The applicant could not serve the notice of appeal and letter requesting certified copies within the prescribed time because the respondent failed to provide an address for service until after the expiry of the statutory period. This constituted sufficient cause for extension of time.
Court Disposition
Application for extension of time granted
Orders
- Extension of time to serve notice of appeal and letter requesting certified copies is granted
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF TANZANIA AT DAR ES SALAAM CIVIL APPLICATION NO. 202 OF 2013 NGERENGERE ESTATE COMPANY LTD ......... APPLICANT VERSUS EDNA WILLIAM SITTA .............•............. RESPONDENT {Application for extension of time to serve the copy of Notice of Appeal to the Respondent, from the decision of the High Court of Tanzania at Dar es Salaam) {Mutungi, J.) Dated 9 th day of May, 2013 In Misc. Land Application No. 43 & 71 of 2011 RULING 2 April & 16th October, 2014 MANDIA, J.A. The applicant company lodged a Notice of Motion in this Court on 22 nd November, 2013, praying for extension of time to serve the respondent with a notice of appeal and also to serve the respondent with a l~tter requesting for certified copy of ruling, orders proceedings and all documents lodged with the Registrar of the High Court, Land Division on 1 I • May 10, 2013. The ground upon which the prayer for extension of time is based is that the respondent did not supply to the applicant an address for ,! I I • purposes of service until after the expiry 9f thirty days from the date when ! ·' the respondent filed his notice of appeal. An affidavit sworn by Audax 11 Vedasto supports the Notice of Motion. In brief the affidavit filed in support of Rule 9 of the Notice of I,, ., nd Motion shows that Rule 17 on 22 May, 2013, the service applicant lodged I a Notice of Appeal R 22 (2) CAR against the ruling of the High Court I; (Land Division) in Miscellaneous Land Application 43 & 71 of 2011 dated 9/5/2013. Previously on 10/5/2013, which was the day following the delivery of the ruling in the High Court, the applicant had applied in writing ' .~ ~-~ for certified copies of the ruling drawn order and proceedings conducted in the High Court. The affidavit of AudaX Vedasto shows that he tried to I serve the respondent with the documents but he failed because the I respondent had not indicated her address for service, and that it was not i, ·' until 15/11/2013 when the respondent gave her address for purposes of service. Mr. Audax Vedasto annexed to his affidavit a letter from the 2