Heritage Insurance Company (T) Limited vs Anna Yonazi Mfinanga and 2 Others (Civil Application No. 504 of 2016) [2017] TZCA 290 (3 November 2017)

IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM CIVIL APPLICATION NO. 504/01 OF 2016 HERITAGE INSURANCE COMPANY (T)LIMITED ................................... APPLICANT VERSUS ANNA YONAZI MFINANGA COCA-COLA KWANZA LTD. INNOCENT MUSHI ............ .1 st RESPONDENT 2 nd RESPONDENT 3 rd RESPONDENT (Application for Extension of time within which to file an Application for Revision from the decision of the High Court of Tanzania at Dar es Salaam LILA, J.A.: When the application was called on for hearing today, only Mr. Mzava, learned advocate, appeared for the 1s t respondent. The applicant and the 2n d respondent who were duly served with notice to appear for hearing today did not enter appearance and did not assign any reason for such non appearance. Mr. Mzava urged the Court to dismiss the application under Rule 63(1) of the Tanzania Court of Appeal Rules, 2009 (the Rules) on account of the applicant's failure to enter appearance. (MihavoJ.) dated 5th day of Ju n e , 2006 in Civil Case No. 149 of 2003 RULING 3rd November, 2017

Indeed, the applicant who was duly served with notice to appear for hearing today did not enter appearance without any notice. I accordingly, grant the prayer by Mzava and I hereby proceed to dismiss the application under Rule 63(1) of the Rules. The 1s t respondent be paid costs by the applicant. The 2n d respondent deserves no costs. I so Order. DATED at DAR ES SALAAM this 3r d day of November, 2017 S.A. LILA JUSTICE OF APPEAL I certify that this is a true copy of the original.