tauka theodor ferdinand vs eva zakayo mwita others 2015 tzca 547 16 december 2015

tauka theodor ferdinand vs eva zakayo mwita others 2015 tzca 547 16 december 2015

No good cause was shown for the delay in serving the Notice of Appeal, as the applicant had the full address and had previously effected service at the same premises. The reason given for delay was found to be flimsy and not credible.

Citation
tauka theodor ferdinand vs eva zakayo mwita others 2015 tzca 547 16 december 2015
Parties
Applicant: Tauka Theodor Ferdinand; 1st Respondent: Eva Zakayo Mwita as Administrator of the Estate of the late Albanus Mwita (deceased); 2nd Respondent: Deninis Moses Kapela; 3rd Respondent: Adeline Mugishagwe Kapela; 4th Respondent: Registered Trustee of Bethel Chapel International Church
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 December 2015
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to Serve Notice of Appeal
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Service of Notice of Appeal, Court of Appeal Rules
Source Language
English
Civil Procedure Extension of Time Service of Notice of Appeal Court of Appeal Rules

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Parties

Tauka Theodor Ferdinand

Applicant

Eva Zakayo Mwita as Administrator of the Estate of the late Albanus Mwita (deceased)

1st Respondent

Deninis Moses Kapela

2nd Respondent

Adeline Mugishagwe Kapela

3rd Respondent

Registered Trustee of Bethel Chapel International Church

4th Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to Serve Notice of Appeal

Legal Issues

  1. 1 Whether the applicant has shown good cause for delay in serving the Notice of Appeal

Ratio Decidendi

No good cause was shown for the delay in serving the Notice of Appeal, as the applicant had the full address and had previously effected service at the same premises. The reason given for delay was found to be flimsy and not credible.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time is dismissed
  • Applicant to pay costs