tanga cement co ltd vs jumanne d masangwa another 2004 tzca 45 8 april 2004

tanga cement co ltd vs jumanne d masangwa another 2004 tzca 45 8 april 2004

The applicant demonstrated sufficient cause for extension of time as the failure to serve was due to the respondents' omission to provide addresses, not due to lack of diligence or delay by the applicant.

Source-derived case information.

Citation
tanga cement co ltd vs jumanne d masangwa another 2004 tzca 45 8 april 2004
Parties
Applicant: Tanga Cement Co. Ltd; Respondent: Jumanne D. Masangwa; Respondent: Amosi A. Mwalwanda
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 April 2004
Procedural Posture
Civil Application / Application for Extension of Time
Outcome
application granted
Legal Topics
Extension of Time, Service of Notice of Appeal, Court Discretion, Sufficient Cause
Source Language
english
Civil Procedure Extension of Time Service of Notice of Appeal Court Discretion Sufficient Cause

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Parties

Tanga Cement Co. Ltd

Applicant

Jumanne D. Masangwa

Respondent

Amosi A. Mwalwanda

Respondent

Procedural Posture

Civil Application / Application for Extension of Time

  1. 1 Whether the applicant has shown sufficient cause for extension of time to serve notice of appeal and copy of letter to Registrar on the respondents

Ratio Decidendi

The applicant demonstrated sufficient cause for extension of time as the failure to serve was due to the respondents' omission to provide addresses, not due to lack of diligence or delay by the applicant.

Court Disposition

application granted

Orders

  • Applicant granted extension of time to serve notice of appeal and copy of letter to Registrar on the respondents within fourteen (14) days of the date of delivery of the ruling.
  • Costs to be in the cause.