Malegeli v Sulusi (Order) (Civil Application No. 21/08 of 2015) [2016] TZCA 4; (25 October 2016);

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IN THE COURT OF APPEAL OF TANZANIA

AT MWANZA

CIVIL APPLICATION NO. 21/08 OF 2015

JELA MALEGELI .…………………………………………….…. APPLICANT

VERSUS

STIVIN SULUSI ………………………………………….….. RESPONDENT

(Application for extension of time within which to serve a Notice of Appeal from the decision of the High Court of Tanzania

at Mwanza)

(De-Mello, J.)

dated the 11th day of September, 2014

in

Misc. Land Appeal No. 30 of 2011

……….

ORDER

RUTAKANGWA, J.A.:

This is an application under Rule 10 of the Tanzania Court of Appeal Rules, 2009 (“the Rules”). The applicant is seeking to extension of time within which to serve the respondent with copies of the notice of appeal and letter applying for proceedings, judgment and decree, out of time.

The ground for the delay in effecting service, as gleaned from the uncontested notice of motion and its supporting affidavit, is that the applicant fell ill and was hospitalized after lodging the Notice of appeal.

In the circumstances, I hold that the applicant has shown good cause for the grant of the sought order. I accordingly extend the time for serving the respondent with copies of the notice of appeal and letter applying for proceedings, judgment and decree. The applicant to serve the said documents on the respondent within fourteen (14) days from today. Costs to be in the main cause.

DATED at MWANZA this 26th day of October, 2016.

E.M.K. RUTAKANGWA

JUSTICE OF APPEAL

I certify that this is a true copy of the Original.

P. W. BAMPIKYA

SENIOR DEPUTY REGISTRAR

COURT OF APPEAL