chavda hotel vs ibrahim pascal 2017 tzca 274 4 december 2017

chavda hotel vs ibrahim pascal 2017 tzca 274 4 december 2017

The Court held that failure to file an affidavit in reply does not entitle the applicant to proceed ex-parte; the respondent retains the right to respond orally on the merits.

Citation
chavda hotel vs ibrahim pascal 2017 tzca 274 4 december 2017
Parties
Applicant: Chavda Hotel; Respondent: Ibrahim Pascal and 26 Others
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 December 2017
Procedural Posture
Civil Application / Application for Extension of Time to File Application for Leave to Appeal
Outcome
Application to proceed inter partes on merits; hearing to be scheduled.
Legal Topics
Extension of Time, Leave to Appeal, Affidavit Requirements, Right of Audience
Source Language
English
Civil Procedure Extension of Time Leave to Appeal Affidavit Requirements Right of Audience

Case Brief

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Parties

Chavda Hotel

Applicant

Ibrahim Pascal and 26 Others

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted extension of time to file application for leave to appeal
  2. 2 Whether failure to file affidavit in reply bars the respondent from oral submissions

Ratio Decidendi

The Court held that failure to file an affidavit in reply does not entitle the applicant to proceed ex-parte; the respondent retains the right to respond orally on the merits.

Court Disposition

Application to proceed inter partes on merits; hearing to be scheduled.

Orders

  • Hearing of the application to proceed inter partes on merits on a date to be fixed by the Registrar.