Automated Summary
Key Facts
Jubilee Insurance Company (T) Limited applied for an extension of time to serve Mohamed Sameer Khan with the notice of appeal against the High Court's 12.07.2019 judgment in Civil Case No. 73 of 2012. The High Court ordered the applicant to pay USD 130,300 in indemnity, 12% monthly interest from suit filing to judgment, 12% annual court interest from judgment to settlement, and other damages. The applicant lodged the notice of appeal on 07.08.2019 but failed to serve it within 14 days. Multiple unexplained delays occurred, including a 90+ day gap after the previous advocate withdrew on 23.11.2019 and another 90+ day gap after withdrawing a misplaced application in July 2020. The Court dismissed the extension request, citing insufficient cause and negligence by the applicant and its advocates.
Transaction Type
Insurance Policy
Issues
- Whether the High Court's award of 12% monthly interest (from suit filing to judgment) and 12% annual interest (from judgment to settlement) constituted errors apparent on the face of the record, rendering the decision illegal under Tanzanian law, specifically referencing the Civil Procedure Code and prior case law like Said Kibwana v. Rose Jumbe and Njoro Furniture Mart v. Tanzania Electric Supply Co.
- Whether the applicant demonstrated sufficient cause for the over 13-month delay in serving the respondent with the notice of appeal, considering the applicant's and previous advocates' negligence, including failure to obtain instructions for the appeal, filing an irrelevant application, and unexplained inaction between 07.08.2019 and 08.10.2020, referencing cases like Exim Bank v. Kweka and Paul Martin v. Bertha Anderson.
Holdings
The Court dismissed the application for extension of time to serve the notice of appeal. The applicant failed to account for over 13 months of unexplained delay, and the claimed illegality in the High Court's interest rate awards was not sufficient to warrant extension. The Court emphasized that the applicant and its advocates exhibited negligence, and the inaction of the previous advocate was not a valid excuse.
Remedies
The application for extension of time to serve the respondent with the notice of appeal was dismissed. The court found no sufficient cause for the delay and ordered the applicant to bear the costs of the application.
Monetary Damages
130300.00
Legal Principles
The Court of Appeal considered the legal principles of judicial discretion in granting extensions of time under Rule 10 of the Tanzania Court of Appeal Rules, emphasizing that sufficient cause must be demonstrated and that each day of delay must be accounted for. The ruling clarified that illegality of a lower court decision must be apparent on the face of the record to constitute sufficient cause for extension.
Precedent Name
- Exim Bank (Tz) Ltd v. Jacquilene A. Kweka
- Ngolo s/o Maganga v. Republic
- Bertha Bwire v. Alex Maganga
- Njoro Furniture Mart Ltd v. Tanzania Electric Supply Co. Ltd
- Dar es Salaam City Council v. Jayantilal P. Rajan
- Iron and Steel Limited v. Martin Kumalija and 117 Others
- Omar Ibrahim v. Ndege Commercial Services Ltd
- Said Kibwana and General Tyre E.A. LTD v. Rose Jumbe
- Tanzania Revenue Authority v. Tango Transport Co. Ltd
- Masunga Mbegeta and 784 Others v. The Attorney General and Another
- Sabena Technics Dar Limited v. Michael J. Luwunzu
- V.I.P. Engineering and Marketing Limited and 2 Others v. CITIBANK Tanzania Limited
- Lyamuya Construction Company Ltd v. Board of Registered Trustees of Young Women's Christian Association of Tanzania
- Principal Secretary, Ministry of Defence and National Service v. Divram P. Valambhia
- Bushiri Hassan v. Latifa Lukio Mashayo
- Wambura N. J. Waryuba v. The Principal Secretary Ministry of Finance & Another
- Juto Ally v. Lucas Komba and Another
- Bariki Israel v. Republic
- Tanga Cement Co. v. Jumanne Masangwa and Another
Cited Statute
- Civil Procedure Code, Cap. 33 R.E. 2019
- Tanzania Court of Appeal Rules, 2009
Judge Name
- A. M. Mwampashi
- Miyambina J.
Passage Text
- I entirely agree with the learned advocates for the respondent that no good reasons have been advanced by the applicant to justify the inordinate delay of more than 13 months from 07.08.2019 when the notice of appeal was lodged to 08.10. 2020 when the instant application was filed.
- For the above given reasons, I find that no sufficient cause has been shown to warrant extension of time as sought by the applicant. The application is therefore accordingly dismissed with costs.
- It is also settled that, where illegality is raised as one of the grounds for extension of time, it must be satisfied that the claimed illegality really exists... must be apparent on the face of record not one that would be discovered by a long-drawn argument or process.
Damages / Relief Type
- Other: General damages of TZS fourteen million
- Compensatory Damages: USD 130,300 (indemnity value of insured motor vehicle)
- Other: 12% annual court interest from judgment date to full settlement
- Other: Costs of the case awarded to the plaintiff
- Other: 12% monthly interest from suit filing to judgment date (equivalent to 144% per annum)