irene edward kaminyonge and another vs zabron juma poyongo 2020 tzhc 3969 2 december 2020

irene edward kaminyonge and another vs zabron juma poyongo 2020 tzhc 3969 2 december 2020

The application is misconceived because the proper remedy against an ex parte judgment is to apply to set it aside before the tribunal, not to seek extension of time to appeal.

Citation
irene edward kaminyonge and another vs zabron juma poyongo 2020 tzhc 3969 2 december 2020
Parties
Applicant: Irene d/o Edward Kaminyonge; Applicant: Mariam d/o Kassim Idd; Respondent: Zabron s/o Juma Poyongo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 December 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Ex Parte Judgment, Proper Remedy for Ex Parte Decisions
Source Language
English
Land Law Civil Procedure Extension of Time Ex Parte Judgment Proper Remedy for Ex Parte Decisions

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Parties

Irene d/o Edward Kaminyonge

Applicant

Mariam d/o Kassim Idd

Applicant

Zabron s/o Juma Poyongo

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the application for extension of time to appeal is properly before the court in light of an ex parte judgment
  2. 2 Whether the applicants demonstrated good cause for extension of time

Ratio Decidendi

The application is misconceived because the proper remedy against an ex parte judgment is to apply to set it aside before the tribunal, not to seek extension of time to appeal.

Court Disposition

Application struck out with costs

Orders

  • Application struck out
  • Applicants to pay costs