lube fine 2024

Applicant failed to establish sufficient cause for extension of time; alleged illegality was not apparent on the face of the record and issue of notice for ex parte judgment is not a valid ground for extension of time to appeal.

Source-derived case information.

Citation: lube fine 2024
Parties: Applicant: Bahati Lubembeja; Respondent: Paschal Machenge
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2024
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome: Application dismissed with costs
Legal Topics: Extension of Time, Jurisdiction, Ex Parte Judgment, Probate and Administration
Source Language: english

Land Law Civil Procedure Extension of Time Jurisdiction Ex Parte Judgment Probate and Administration

Source-derived case record

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 2

Parties

Bahati Lubembeja

Applicant

Paschal Machenge

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

1 Whether sufficient grounds exist to grant extension of time to appeal against DLHT decision
2 Whether alleged illegality and failure to serve notice of ex parte judgment constitute good cause

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

Application for extension of time to appeal is dismissed
Applicant to pay costs

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