20041207 TZHC Dar es Salaam

The Civil Procedure Code, 1966 is not applicable to appeals from Primary Courts; the application was filed after an inordinate delay of fifteen years and lacked legal basis, thus must be dismissed.

Citation: 20041207 TZHC Dar es Salaam
Parties: Appellant/respondent: Tonga Fueta; Respondent/applicant: Eva Pwele
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 7 December 2004
Procedural Posture: PC Civil Appeal / Ruling on Chamber Summons for Extension of Time and Review
Outcome: Application dismissed with costs.
Legal Topics: Applicability of Civil Procedure Code to Appeals From Primary Courts, Setting Aside Ex Parte Judgment, Extension of Time, Locus Standi of Administrator
Source Language: English

Civil Procedure Estate Administration Applicability of Civil Procedure Code to Appeals From Primary Courts Setting Aside Ex Parte Judgment Extension of Time Locus Standi of Administrator

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Parties

Tonga Fueta

Appellant/respondent

Eva Pwele

Respondent/applicant

Procedural Posture

PC Civil Appeal / Ruling on Chamber Summons for Extension of Time and Review

Legal Issues

1 Whether Civil Procedure Code, 1966 applies to appeals originating from Primary Courts
2 Whether applicant can seek review and extension of time fifteen years after judgment
3 Whether Stephen Pwele had locus standi as administrator

Ratio Decidendi

The Civil Procedure Code, 1966 is not applicable to appeals from Primary Courts; the application was filed after an inordinate delay of fifteen years and lacked legal basis, thus must be dismissed.

Court Disposition

Application dismissed with costs.

Orders

Order for execution to be effected.