20160922 TZHC Dodoma

20160922 TZHC Dodoma

Appellant failed to advance justifiable reason for non-filing of defence despite being granted multiple extensions; discrepancies in affidavit dates further undermine credibility. Tribunal's dismissal of application to set aside ex-parte judgment was correct.

Citation
20160922 TZHC Dodoma
Parties
Appellant: Hosea Albert; Respondent: Paulo Mwanga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 September 2016
Procedural Posture
Land Case Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Right to Be Heard, Natural Justice
Source Language
English
Land Law Civil Procedure Setting Aside Ex Parte Judgment Right to Be Heard Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Hosea Albert

Appellant

Paulo Mwanga

Respondent

Procedural Posture

Land Case Appeal / Judgment

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in dismissing the application to set aside ex-parte judgment
  2. 2 Whether the appellant had sufficient grounds for failing to file a written statement of defence

Ratio Decidendi

Appellant failed to advance justifiable reason for non-filing of defence despite being granted multiple extensions; discrepancies in affidavit dates further undermine credibility. Tribunal's dismissal of application to set aside ex-parte judgment was correct.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Right of appeal explained