edward mnyamagola vs grace mpali 2022 tzhc 14669 18 november 2022
The appellant failed to demonstrate sufficient cause for the four-year delay in applying to set aside the ex-parte judgment, and did not account for each day of delay as required by law. The appeal lacked merit and was dismissed.
- Citation
- edward mnyamagola vs grace mpali 2022 tzhc 14669 18 november 2022
- Parties
- Appellant: Edward Mnyamagola; Respondent: Grace Mpali
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 18 November 2022
- Procedural Posture
- Land Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Extension of Time, Ex Parte Judgment, Right to Be Heard
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Parties
Edward Mnyamagola
Appellant
Grace Mpali
Respondent
Procedural Posture
Land Appeal / Judgment
Legal Issues
- 1 Whether the appellant demonstrated sufficient cause for four years delay in applying to set aside ex-parte judgment
Ratio Decidendi
The appellant failed to demonstrate sufficient cause for the four-year delay in applying to set aside the ex-parte judgment, and did not account for each day of delay as required by law. The appeal lacked merit and was dismissed.
Court Disposition
appeal dismissed with costs
Orders
- appeal dismissed with costs
Full Case Text
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