INTERPRISING SAFII

INTERPRISING SAFII

The applicant, having already exhausted remedies for setting aside the ex parte decision and challenging both the ex parte order and the merits, cannot invoke extension of time to appeal on the same grounds. The application is an abuse of court process and contravenes Regulation 11(2) of the Land Dispute Court Regulations.

Citation
INTERPRISING SAFII
Parties
Applicant: Interprising Alliance Ltd; 1st Respondent: Syone Simon Kiongosya; 2nd Respondent: Focus Malibate Lugoye
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Ex Parte Judgment, Abuse of Court Process, Appeals, Right to Be Heard
Source Language
English
Civil Procedure Land Law Extension of Time Ex Parte Judgment Abuse of Court Process Appeals Right to Be Heard

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Parties

Interprising Alliance Ltd

Applicant

Syone Simon Kiongosya

1st Respondent

Focus Malibate Lugoye

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application for extension of time to appeal against ex parte judgment is tenable in law
  2. 2 Whether the application contravenes Regulation 11(2) of the Land Dispute Court Regulations
  3. 3 Whether the applicant abused the court process

Ratio Decidendi

The applicant, having already exhausted remedies for setting aside the ex parte decision and challenging both the ex parte order and the merits, cannot invoke extension of time to appeal on the same grounds. The application is an abuse of court process and contravenes Regulation 11(2) of the Land Dispute Court Regulations.

Court Disposition

Application dismissed with costs

Orders

  • Preliminary objection sustained
  • Application dismissed with costs