devotha david mkwawa ta first supermarkets vs classic malls limited 2022 tzhclandd 12339 19 september 2022

devotha david mkwawa ta first supermarkets vs classic malls limited 2022 tzhclandd 12339 19 september 2022

Illegality alleged by appellant was not apparent on the face of the record and did not meet threshold for extension of time; issues raised were new and not canvassed in lower courts; service of summons was properly effected; no extraordinary circumstances warranting interference with tribunal's findings.

Citation
devotha david mkwawa ta first supermarkets vs classic malls limited 2022 tzhclandd 12339 19 september 2022
Parties
Appellant: Devotha David Mkwawa t/a First Supermarkets; Respondent: Classic Malls Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
19 September 2022
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Extension of Time, Exparte Judgment, Service of Summons, Stamp Duty, Illegality as Ground for Extension
Source Language
English
Land Law Civil Procedure Extension of Time Exparte Judgment Service of Summons Stamp Duty Illegality as Ground for Extension

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Parties

Devotha David Mkwawa t/a First Supermarkets

Appellant

Classic Malls Limited

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether sufficient cause was shown for extension of time to set aside exparte judgment
  2. 2 Whether illegality in admission of evidence constitutes ground for extension
  3. 3 Whether service of summons was properly effected

Ratio Decidendi

Illegality alleged by appellant was not apparent on the face of the record and did not meet threshold for extension of time; issues raised were new and not canvassed in lower courts; service of summons was properly effected; no extraordinary circumstances warranting interference with tribunal's findings.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Right to appeal explained