20120803 TZHC Arusha

20120803 TZHC Arusha

The applicant failed to show sufficient cause for the delay in filing the notice of appeal, as he was aware of the ex parte judgment and did not take reasonable steps to pursue his rights for over 11 years. Reliance on advocate's conduct and brief medical absence did not justify the prolonged delay.

Citation
20120803 TZHC Arusha
Parties
Applicant: Elisa Ole Markos; 1st Respondent: Erick Raymond Rowberg; 2nd Respondent: Hartley David King; 3rd Respondent: Emololosek Spring Farm Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 August 2012
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Appeals, Ex Parte Judgment, Limitation of Actions
Source Language
English
Civil Procedure Extension of Time Appeals Ex Parte Judgment Limitation of Actions

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Parties

Elisa Ole Markos

Applicant

Erick Raymond Rowberg

1st Respondent

Hartley David King

2nd Respondent

Emololosek Spring Farm Limited

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to file a notice of appeal against an ex parte judgment and decree

Ratio Decidendi

The applicant failed to show sufficient cause for the delay in filing the notice of appeal, as he was aware of the ex parte judgment and did not take reasonable steps to pursue his rights for over 11 years. Reliance on advocate's conduct and brief medical absence did not justify the prolonged delay.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to file notice of appeal is dismissed
  • Applicant to pay costs