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Tanzania decisions
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The High Court granted an application to extend time for serving a letter requesting copies of judgment, decree, and proceedings, with costs in the cause.
There was insufficient evidence that the notification letter was served on respondents' advocate; respondents were not to blame for delay as they were not notified proceedings were ready for collection; application to strike out notice of appeal is without merit.
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The Court of Appeal of Tanzania granted extension of time to serve appeal papers, accepting the first applicant’s illness as good cause for delay.
The applicant demonstrated sufficient cause for the delay, as the failure to serve the documents within seven days was due to the Deputy Registrar's delay in supplying the filed documents, not the applicant's inaction. This justified the extension of time.
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The applicant failed to prove that the respondents received the Deputy Registrar's letter; without proof of service, the respondents' failure to file the appeal is justified and Rule 91(a) does not operate against them.
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Applicants explained two days of delay, which is not inordinate and justified by exceptional circumstances; court granted extension as good cause was shown and delay was properly accounted for.
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The Court of Appeal of Tanzania dismissed an application for extension of time to serve appeal documents, finding no sufficient cause and noting negligence.
Non-compliance with Rule 97(1) of the Court of Appeal Rules, 2009 regarding timely service of the supplementary record of appeal is a mandatory procedural requirement. The oxygen principle cannot be invoked to cure such non-compliance. The appeal is incompetent and must be struck out.
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The applicant demonstrated good cause for the delay, namely the Registrar's delayed endorsement, and Rule 10 allows extension of time even after the act has been done. The application is granted as there is no justifiable reason to refuse it.
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Court of Appeal granted extension of time after finding the applicant showed good cause, despite delay in service and filing written submissions caused by bereavement.
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