Jubilee Insurance Company (T) Ltd vs Mohamed Sameer Khan (Civil Application 439 of 2020) [2022] TZCA 623 (12 October 2022)

Key Facts

Transaction Type

Issues

• Whether the applicant demonstrated sufficient cause under Rule 10 of the Tanzania Court of Appeal Rules, 2009, for the Court to extend the time to serve the notice of appeal, particularly regarding the inordinate delay of over 13 months and the applicant's and advocates' negligence.
• Whether the applicant's claim of overwhelming chances of success in the intended appeal is a sufficient ground for an extension of time under the Court's Rules, as opposed to being an irrelevant factor.
• Whether the High Court's award of 12% monthly interest from the date of filing to the date of judgment and 12% annual interest from the date of judgment to settlement constitutes an illegality apparent on the face of the record, thereby warranting an extension of time under Rule 10.
• Whether the applicant's and their advocates' negligence and inaction in handling the appeal process, including failure to act promptly after learning of the unfulfilled service obligation and filing an irrelevant application, constituted a valid reason for the Court to grant an extension of time.

Holdings

• The court found no apparent illegality in the High Court's interest rate awards (12% per month and 12% per annum) and concluded that such errors do not constitute a sufficient cause for extending the time to serve the notice of appeal.
• The court dismissed the application for extension of time as the applicant failed to account for the inordinate delay of over 13 months and exhibited negligence and inaction, which does not constitute sufficient cause for an extension of time.

Remedies

• 1. The defendant to pay the plaintiff USD 130,300 being the indemnity value of the insured motor vehicle.
• 2. The defendant to pay the plaintiff 12% per month from the date of filing of the suit to the date of judgment.
• 5. The defendant to pay the plaintiff costs of the case.
• 4. The defendant to pay the plaintiff general damages at the tune of TZS fourteen million.
• 3. The defendant to pay the plaintiff Court interest rate of 12% from the date of judgment to the date of settlement of the decree in full.

Monetary Damages

Legal Principles

• Illegality in a decision can serve as a sufficient cause for an extension of time, but the claimed illegality must be apparent on the face of the record and not require prolonged argumentation. In this case, no such apparent illegality was found in the High Court's interest rate awards.
• The court emphasized that sufficient cause must be demonstrated for an extension of time, which includes accounting for all delays. The applicant's negligence, including that of their advocates, does not constitute sufficient cause for granting an extension.
• The court reiterated that the negligence or ignorance of an advocate does not justify an extension of time. Legal firms are expected to know court procedures, and failure to act within legal deadlines cannot be excused by counsel's mistakes.

Precedent Name

• Sabena Technics Dar Limited v. Michael J. Luwunzu
• Said Kibwana and General Tyre E.A. LTD v. Rose Jumbe
• Principal Secretary, Ministry of Defence and National Service v. Divram P. Valambhia
• Bushiri Hassan v. Latifa Lukio Mashayo
• Dar es Salaam City Council v. Jayantilal P. Rajan
• Iron and Steel Limited v. Martin Kumalija and 117 Others
• Njoro Furniture Mart Ltd v. Tanzania Electric Supply Co. Ltd
• Exim Bank (Tz) Ltd v. Jacquilene A. Kweka
• Bariki Israel v. Republic
• Omar Ibrahim v. Ndege Commercial Services Ltd

Cited Statute

• Tanzania Court of Appeal Rules, 2009
• Civil Procedure Code, Cap. 33 R.E. 2019

Judge Name

• Miyambina
• A. M. MWAMPASHI

Passage Text

• "The Court, may, upon good cause shown, extend time limited by these Rules or by any decision of the High Court or Tribunal, for the doing of any act authorized or required by these Rules, whether before or after expiration of that time..."
• "...no sufficient cause has been shown to warrant extension of time as sought by the applicant. The application is therefore accordingly dismissed with costs."
• "...no good reasons have been advanced by the applicant to justify the inordinate delay of more than 13 months...the applicant has totally failed to account for the delay...exhibited negligence and inaction."

Damages / Relief Type

• Compensatory Damages: USD 130,300 being the indemnity value of the insured motor vehicle
• Court interest at 12% per annum from the date of judgment to the date of settlement of the decree in full
• 12% per month interest from the date of filing to the date of judgment
• General Damages: TZS fourteen million
• Costs of the case awarded to the plaintiff