doroth kansolele vs eileen josephine petit mshana another 2021 tzhclandd 83 17 february 2021

doroth kansolele vs eileen josephine petit mshana another 2021 tzhclandd 83 17 february 2021

The applicant failed to sufficiently account for the period of delay in filing the application to set aside the ex-parte judgment, and did not provide sufficient reasons to justify the court's exercise of discretion to extend time.

Source-derived case information.

Citation
doroth kansolele vs eileen josephine petit mshana another 2021 tzhclandd 83 17 february 2021
Parties
Applicant: Dorothy Kansolele (t/a Dorka Catering Services); 1st Respondent: Eileen Josephine Petit Mshana; 2nd Respondent: Peter Louis Petit
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 February 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Ex Parte Judgment, Service of Process, Law of Limitation
Source Language
english
Civil Procedure Land Law Extension of Time Ex Parte Judgment Service of Process Law of Limitation

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Parties

Dorothy Kansolele (t/a Dorka Catering Services)

Applicant

Eileen Josephine Petit Mshana

1st Respondent

Peter Louis Petit

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant sufficiently accounted for the delay in filing an application to set aside the ex-parte judgment
  2. 2 Whether the court should exercise its discretion to extend time for setting aside the ex-parte judgment

Ratio Decidendi

The applicant failed to sufficiently account for the period of delay in filing the application to set aside the ex-parte judgment, and did not provide sufficient reasons to justify the court's exercise of discretion to extend time.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs