safari king tours ltd 20 others vs national shipping agencies company limited 2008 tzhc 218 11 august 2008

IN THE HIGH COURT OF TANZANIA AT PAR ES SALAAM MISC. CIVIL CAUSE NO. 36 OF 2002 SAFARI KING TOURS LTD AND 20 O T H E R S ........................... APPLICANTS VERSUS NATIONAL SHIPPING AGENCIES COMPANY LIMITED.....................RESPONDENT Date o f last order - 9/7/2008 Date of Ruling - 11/8/2008 RULING Shangwa, J. In this application, the Applicants are seeking three types of reliefs. First, they are seeking for twenty one days extension of time to file a fresh suit against the Respondent counting from the date of granting them such extension. Second, they are seeking for leave to sue the Respondent NASACO. Third, they are seeking to file a representative suit. First of all, I regret to say that this application was filed a long time ago on 14th February, 2002 without being resolved until to date after six years, five months or so ago. The delay in dealing with it to finality is partly due to absentism on the part of the parties and or their representatives and partly due to pressure of work on the part of judges who happened to be assigned this application including myself. The background to this application is contained in the affidavit which was sworn by Mr. Hillary J. Mkatte for supporting it. From paragraphs 2 and 3 of the said affidavit, it can be gathered that sometimes in 1998, the Applicants filed in this court Civil Case No. 231 of 1998 after obtaining leave to file a representative suit which leave was obtained sometimes in November, 1997. From paragraphs 8 and 9, it can be gathered that sometimes in February, 2002, the Applicants realized that the said suit was bound to fail for lack of leave of this court to sue the Respondent NASACO which is a specified public corporation and prayed this court to withdraw it with liberty to file a fresh suit after complying with S.9 of the Bankruptcy Ordinance. From paragraphs 11 and 12, it can be gathered that the Applicants failed to file a fresh suit within a period of Limitation provided for under the Law of Limitation Act. Hence this application. On the face of it, this application is a multi - purpose application. It is intended to achieve many things at the same time. On my part, I am satisfied that the Applicants deserve the reliefs sought from this court. Acting on the affidavit in support of this application in which the background to this application is contained, I hereby grant extension of time to the Applicants to file a fresh suit against the Respondent. They should do so within twenty one days from today. In addition to that, I grant them leave to sue the Respondent which is a specified public authority. Lastly, I grant them leave to file a representative suit. Each party to bear its own costs. A. Shangwa JUDGE 11/8/2008 Delivered in Court this 11th day of August 2008 in the presence of Mr. Mkatte for the Applicants and Mrs Moshi for the Respondent. A. Shangwa \ V. JUDGE 11/8/2008