CIVIL APPEAL NO

Failure to notify the appellant of the scheduled date for delivery of exparte judgment amounts to illegality and constitutes sufficient cause for grant of extension of time.

Citation: CIVIL APPEAL NO
Parties: Appellant: Baraka Limited; 1st Respondent: Tunco Logistics Company Limited; 2nd Respondent: Goodluck Kamugisha; 3rd Respondent: James Pascal
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2024
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Extension of Time, Exparte Judgment, Setting Aside Judgment, Service of Notice
Source Language: English

Civil Procedure Extension of Time Exparte Judgment Setting Aside Judgment Service of Notice

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Parties

Baraka Limited

Appellant

Tunco Logistics Company Limited

1st Respondent

Goodluck Kamugisha

2nd Respondent

James Pascal

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the appellant established sufficient reason for grant of extension of time
2 Whether failure to notify the appellant of the date scheduled for exparte judgment amounts to illegality

Ratio Decidendi

Failure to notify the appellant of the scheduled date for delivery of exparte judgment amounts to illegality and constitutes sufficient cause for grant of extension of time.

Court Disposition

appeal allowed

Orders

Appellant granted extension of 21 days within which to take the intended legal action