19820817 TZHC Dar es Salaam

19820817 TZHC Dar es Salaam

The applicants’ failure to appeal in time was due to real and unintentional carelessness of their advocate, and the ex parte judgment was based on a defective plaint that did not comply with statutory requirements. Therefore, leave to appeal out of time is granted and execution is stayed.

Citation
19820817 TZHC Dar es Salaam
Parties
Applicant: Alibhai Bhanji; Applicant: Mrs. Nurbanu Mitha; Respondent: Hashim Abdulla Haroon Bharoon
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 August 1982
Procedural Posture
Miscellaneous Civil Cause / Application for Extension of Time and Stay of Execution Pending Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Ex Parte Judgment, Stay of Execution, Defective Plaint, Rent Restriction Act
Source Language
English
Civil Procedure Landlord and Tenant Extension of Time Ex Parte Judgment Stay of Execution Defective Plaint Rent Restriction Act

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Parties

Alibhai Bhanji

Applicant

Mrs. Nurbanu Mitha

Applicant

Hashim Abdulla Haroon Bharoon

Respondent

Procedural Posture

Miscellaneous Civil Cause / Application for Extension of Time and Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants should be granted leave to appeal out of time against an ex parte judgment
  2. 2 Whether execution should be stayed pending appeal
  3. 3 Whether the ex parte judgment was based on a defective plaint

Ratio Decidendi

The applicants’ failure to appeal in time was due to real and unintentional carelessness of their advocate, and the ex parte judgment was based on a defective plaint that did not comply with statutory requirements. Therefore, leave to appeal out of time is granted and execution is stayed.

Court Disposition

Application granted

Orders

  • Leave to appeal against the ex parte decree out of time is granted.
  • Execution is stayed pending the outcome of the appeal.