Land Appeal No

Land Appeal No

Failure to serve summons for delivery of ex-parte judgment does not constitute illegality or affect jurisdiction. The Tribunal properly evaluated evidence and pleadings. Appellant failed to show sufficient cause for extension of time. Facts pleaded in counter affidavit and not controverted are deemed conceded.

Citation
Land Appeal No
Parties
Appellant: Enterprising Alliance Ltd; 1st Respondent: Syone Simon Kiongosya; 2nd Respondent: Focus Malibate Lugoye
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 October 2024
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Extension of Time, Ex Parte Judgment, Service of Summons, Evaluation of Evidence
Source Language
English
Civil Procedure Land Law Extension of Time Ex Parte Judgment Service of Summons Evaluation of Evidence

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Parties

Enterprising Alliance Ltd

Appellant

Syone Simon Kiongosya

1st Respondent

Focus Malibate Lugoye

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in refusing to extend time for filing an application to set aside ex-parte judgment
  2. 2 Whether failure to serve summons for delivery of ex-parte judgment constitutes illegality
  3. 3 Whether the Tribunal properly evaluated evidence and pleadings

Ratio Decidendi

Failure to serve summons for delivery of ex-parte judgment does not constitute illegality or affect jurisdiction. The Tribunal properly evaluated evidence and pleadings. Appellant failed to show sufficient cause for extension of time. Facts pleaded in counter affidavit and not controverted are deemed conceded.

Court Disposition

appeal dismissed

Orders

  • decision of Tribunal upheld