aristibes pius ishebabi vs hassan issa likwedembe others 2020 tzca 8 20 february 2020

aristibes pius ishebabi vs hassan issa likwedembe others 2020 tzca 8 20 february 2020

The appellant failed to provide sufficient cause for delay in filing the application to set aside the ex-parte judgment; alleged irregularities and illegalities related to the ex-parte judgment were not relevant to the application for extension of time, and a defective decree does not invalidate a judgment. The High Court correctly upheld the trial court's decision.

Citation
aristibes pius ishebabi vs hassan issa likwedembe others 2020 tzca 8 20 february 2020
Parties
Appellant: Aristibes Pius Ishebabi; Respondent: Hassan Issa Likwendembe; Respondent: Hassan Mohamedi Mbaruku (as the administrator of Said Mohamed Mbaruku); Respondent: Hassan Mohamed Mbaruku; Respondent: Saul Henry Amon
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 February 2020
Procedural Posture
Civil Appeal / Appeal From High Court Decision in Civil Revision No. 3 of 2014
Outcome
Appeal dismissed with costs.
Legal Topics
Extension of Time, Ex Parte Judgment, Service of Process, Revision, Defective Decree
Source Language
English
Civil Procedure Extension of Time Ex Parte Judgment Service of Process Revision Defective Decree

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Parties

Aristibes Pius Ishebabi

Appellant

Hassan Issa Likwendembe

Respondent

Hassan Mohamedi Mbaruku (as the administrator of Said Mohamed Mbaruku)

Respondent

Hassan Mohamed Mbaruku

Respondent

Saul Henry Amon

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision in Civil Revision No. 3 of 2014

Legal Issues

  1. 1 Whether the High Court erred in refusing to entertain the application for revision of proceedings, judgment, decree, ruling and drawn orders from Mtwara District Court Civil Case No. 1 of 2008.
  2. 2 Whether the High Court erred in law in dismissing the application for revision and upholding proceedings allegedly marred by irregularities and illegalities.

Ratio Decidendi

The appellant failed to provide sufficient cause for delay in filing the application to set aside the ex-parte judgment; alleged irregularities and illegalities related to the ex-parte judgment were not relevant to the application for extension of time, and a defective decree does not invalidate a judgment. The High Court correctly upheld the trial court's decision.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.