george nsekanabo vs edwin pascal 2018 tzhc 2868 26 june 2018

george nsekanabo vs edwin pascal 2018 tzhc 2868 26 june 2018

The appellant demonstrated good cause for extension of time as he became aware of the ex-parte judgment after the statutory period and there was no proof of service; the trial court erred by considering factors relevant only at the stage of setting aside the judgment, not at the extension stage.

Citation
george nsekanabo vs edwin pascal 2018 tzhc 2868 26 june 2018
Parties
Appellant: George Gratian Nsekanabo; Respondent: Edwin Pascal
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 June 2018
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Extension of Time, Setting Aside Ex Parte Judgment
Source Language
English
Civil Procedure Extension of Time Setting Aside Ex Parte Judgment

Case Brief

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Parties

George Gratian Nsekanabo

Appellant

Edwin Pascal

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant demonstrated good cause for extension of time to apply to set aside an ex-parte judgment
  2. 2 Whether the trial court erred by considering irrelevant factors at the extension stage

Ratio Decidendi

The appellant demonstrated good cause for extension of time as he became aware of the ex-parte judgment after the statutory period and there was no proof of service; the trial court erred by considering factors relevant only at the stage of setting aside the judgment, not at the extension stage.

Court Disposition

appeal allowed

Orders

  • Trial court's ruling and drawn order set aside
  • Appellant granted 30 days to apply to set aside ex-parte judgment before another magistrate with competent jurisdiction