enock jackob samboto and 3 others vs jesca enock akyoo 2020 tzhc 4357 4 december 2020

enock jackob samboto and 3 others vs jesca enock akyoo 2020 tzhc 4357 4 december 2020

Applicants failed to show sufficient cause for delay as their counsel was present when the ex parte judgment was delivered, making them aware of the judgment. Allegations of illegality were unfounded as the written statement of defence was filed out of time, no material amendments required fresh mediation, and...

Source-derived case information.

Citation
enock jackob samboto and 3 others vs jesca enock akyoo 2020 tzhc 4357 4 december 2020
Parties
Applicant: Enock Jacob Samboto; Applicant: Francis Urio; Applicant: Seth Zacharia; Applicant: Jacob Yohane; Respondent: Jesca Enock Akyoo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Set Aside Ex Parte Decree
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Ex Parte Decree, Setting Aside Ex Parte Judgment, Law of Limitation
Source Language
english
Civil Procedure Land Law Extension of Time Ex Parte Decree Setting Aside Ex Parte Judgment Law of Limitation

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Parties

Enock Jacob Samboto

Applicant

Francis Urio

Applicant

Seth Zacharia

Applicant

Jacob Yohane

Applicant

Jesca Enock Akyoo

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application for extension of time to set aside ex parte decree is time barred
  2. 2 Whether the application is incompetent for contravening the Law of Limitation Act
  3. 3 Whether sufficient cause has been shown for extension of time

Ratio Decidendi

Applicants failed to show sufficient cause for delay as their counsel was present when the ex parte judgment was delivered, making them aware of the judgment. Allegations of illegality were unfounded as the written statement of defence was filed out of time, no material amendments required fresh mediation, and applicants' counsel was present during delivery of judgment. The application lacked merit and was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to set aside ex parte decree is dismissed with costs