20120830 TZHC Dar es Salaam2

20120830 TZHC Dar es Salaam2

The proper remedy for an ex parte judgment is to apply to set it aside within the prescribed period, not to seek revision unless there is an apparent error on the record. The appellant failed to pursue the correct remedy and did not demonstrate sufficient cause for extension of time. The Tribunal did not err in its decision.

Citation
20120830 TZHC Dar es Salaam2
Parties
Appellant: Fundya Kilangi; Respondent: Kikundi cha Nguvu Kazi 'Mikoche Mirefu' c/o Ramadhani Juma
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 August 2012
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed with costs
Legal Topics
Extension of Time, Ex Parte Judgment, Revisional Jurisdiction, Right to Be Heard
Source Language
English
Land Law Civil Procedure Extension of Time Ex Parte Judgment Revisional Jurisdiction Right to Be Heard

Case Brief

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Parties

Fundya Kilangi

Appellant

Kikundi cha Nguvu Kazi 'Mikoche Mirefu' c/o Ramadhani Juma

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in failing to decide the application for extension of time
  2. 2 Whether ex parte judgments of Ward Tribunals are revisable by the District Land and Housing Tribunal
  3. 3 Whether the Tribunal erred by raising revisional jurisdiction suo motu without hearing parties

Ratio Decidendi

The proper remedy for an ex parte judgment is to apply to set it aside within the prescribed period, not to seek revision unless there is an apparent error on the record. The appellant failed to pursue the correct remedy and did not demonstrate sufficient cause for extension of time. The Tribunal did not err in its decision.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs