This is an application for extension of time filed under
rule 10, 4(2) (b) and 48(1) of the Tanzania Court of Appeal Rules, 2009 as
amended; and section 6(a), 8(1) (f) and 17(1) (a), (2) (b) of the Attorney
General (Discharge of Duties) Act, 2005 (Act No. 4 of 2005) as amended. The
applicant is moving this Court for an order to extend time within which to file
an application for revision of the final award and decree of the High Court.
From the outset, Advocate for Respondent brought to the attention of the Court
that the applicant has not served the 1st Respondent with the notice
of motion and the affidavit in support of the application. This, he said,
contravened the provisions of rule 55(1) of the Rules. He, therefore, prayed to
the Court to dismiss the application.
On his part, advocate for appellent readily conceded that
indeed, the Respondents were neither served with the notice of motion nor the
affidavit in support of it. However, he contended that the reasons for failure
to serve the Respondents within time was due to the restructuring of the Office
of Attorney General which led to mixing up of documents culminating to their
failure to locate the document for serving the Respondents. In that regard, he
prayed for leave under rules 48(3) and 10 of the Rules to serve the Respondents
with the relevant documents out of time as he was of the view that the Respondent
would not be prejudiced.