19980415 TZHC Dar es Salaam

19980415 TZHC Dar es Salaam

The applicant failed to establish reasonable cause for his default to appear, as the claim that his advocate did not authorize another to hold his brief was unsupported by evidence. The ex parte order was based on failure to file a written statement of defence, not non-appearance. The application lacked merit and was dismissed.

Citation
19980415 TZHC Dar es Salaam
Parties
Plaintiff/respondent: Omari Mzee Mtumweni; Defendant/applicant: Said Issa Manza
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 April 1998
Procedural Posture
Civil Application / Ruling on Application for Extension of Time and Stay of Execution
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Ex Parte Decree, Stay of Execution, Setting Aside Ex Parte Judgment
Source Language
English
Civil Procedure Extension of Time Ex Parte Decree Stay of Execution Setting Aside Ex Parte Judgment

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Parties

Omari Mzee Mtumweni

Plaintiff/respondent

Said Issa Manza

Defendant/applicant

Procedural Posture

Civil Application / Ruling on Application for Extension of Time and Stay of Execution

Legal Issues

  1. 1 Whether the applicant has shown reasonable cause for extension of time to set aside ex parte decree
  2. 2 Whether stay of execution should be granted pending determination of the application

Ratio Decidendi

The applicant failed to establish reasonable cause for his default to appear, as the claim that his advocate did not authorize another to hold his brief was unsupported by evidence. The ex parte order was based on failure to file a written statement of defence, not non-appearance. The application lacked merit and was dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time and stay of execution dismissed
  • Costs awarded to respondent