elizabeth salehe said vs enterpreneurs financial center and 4 others 2021 tzhclandd 6809 14 december 2021

elizabeth salehe said vs enterpreneurs financial center and 4 others 2021 tzhclandd 6809 14 december 2021

The applicant failed to provide sufficient cause for the delay and did not account for each day of delay as required by law. The evidence of sickness was inadequate and unsubstantiated, and the alleged vehicle breakdown was unsupported by evidence. Consequently, the application for extension of time was dismissed.

Citation
elizabeth salehe said vs enterpreneurs financial center and 4 others 2021 tzhclandd 6809 14 december 2021
Parties
Applicant: Elizabeth Salehe Said; 1st Respondent: Entrepreneurs Financial Center; 2nd Respondent: Ahmad Abdulrahim Mabwe; 3rd Respondent: MEM Auctioneers and General Brokers Ltd; 4th Respondent: Hadija Ali Mwalimu; 5th Respondent: Crecensia Wasama Mwita
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 December 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Set Aside Ex Parte Decree
Outcome
Application dismissed
Legal Topics
Extension of Time, Setting Aside Ex Parte Decree, Sufficient Cause for Delay, Omnibus Application
Source Language
English
Civil Procedure Land Law Extension of Time Setting Aside Ex Parte Decree Sufficient Cause for Delay Omnibus Application

Case Brief

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Parties

Elizabeth Salehe Said

Applicant

Entrepreneurs Financial Center

1st Respondent

Ahmad Abdulrahim Mabwe

2nd Respondent

MEM Auctioneers and General Brokers Ltd

3rd Respondent

Hadija Ali Mwalimu

4th Respondent

Crecensia Wasama Mwita

5th Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Set Aside Ex Parte Decree

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time to set aside an ex parte decree
  2. 2 Whether the applicant accounted for each day of delay

Ratio Decidendi

The applicant failed to provide sufficient cause for the delay and did not account for each day of delay as required by law. The evidence of sickness was inadequate and unsubstantiated, and the alleged vehicle breakdown was unsupported by evidence. Consequently, the application for extension of time was dismissed.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to set aside ex parte decree is dismissed without costs.