ali mohamed ali 2 other vs lilian steven kimaro 2023 tzhclandd 17273 12 december 2023

ali mohamed ali 2 other vs lilian steven kimaro 2023 tzhclandd 17273 12 december 2023

The applicants demonstrated good cause for their non-appearance and an arguable defence, and the respondent conceded to the application; therefore, the ex parte judgment was set aside.

Citation
ali mohamed ali 2 other vs lilian steven kimaro 2023 tzhclandd 17273 12 december 2023
Parties
Applicant: Ali Mohamed Ali; Applicant: Sophia Somo Omar; Applicant: Mamy Abubakar Fadhil; Respondent: Lilian Steven Kimaro
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
12 December 2023
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application granted
Legal Topics
Setting Aside Ex Parte Judgment, Extension of Time, Right to Be Heard
Source Language
English
Civil Procedure Land Law Setting Aside Ex Parte Judgment Extension of Time Right to Be Heard

Case Brief

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Parties

Ali Mohamed Ali

Applicant

Sophia Somo Omar

Applicant

Mamy Abubakar Fadhil

Applicant

Lilian Steven Kimaro

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the ex parte judgment in Land Case No. 17 of 2019 should be set aside
  2. 2 Whether the applicants had good cause for non-appearance

Ratio Decidendi

The applicants demonstrated good cause for their non-appearance and an arguable defence, and the respondent conceded to the application; therefore, the ex parte judgment was set aside.

Court Disposition

Application granted

Orders

  • Ex parte judgment in Land Case No. 17 of 2019 set aside
  • Land Case No. 17 of 2019 to be heard inter partes