KAMLESH MENDRA LATHIGRA RULING

KAMLESH MENDRA LATHIGRA RULING

Applicant was not properly notified of the date of ex-parte judgment, acted promptly upon becoming aware, accounted for period of delay, and advanced sufficient reason for extension; application granted.

Source-derived case information.

Citation
KAMLESH MENDRA LATHIGRA RULING
Parties
Applicant: Kamlesh Mahendra Lathigra; 1st Respondent: Jones Mugisha Katunzi; 2nd Respondent: Thomas Rukiza Lambert; 3rd Respondent: Buza Kazungu; 4th Respondent: Danstan Goshoko Nyakamo (administrator of estate of the Late Lawrence Kabyemela Nyakamo); 5th Respondent: Ahmad Abdallah Mtwawa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1988
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Ex Parte Judgment, Right to Be Heard, Limitation Period
Source Language
english
Civil Procedure Extension of Time Ex Parte Judgment Right to Be Heard Limitation Period

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Parties

Kamlesh Mahendra Lathigra

Applicant

Jones Mugisha Katunzi

1st Respondent

Thomas Rukiza Lambert

2nd Respondent

Buza Kazungu

3rd Respondent

Danstan Goshoko Nyakamo (administrator of estate of the Late Lawrence Kabyemela Nyakamo)

4th Respondent

Ahmad Abdallah Mtwawa

5th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal against ex-parte judgment
  2. 2 Whether the applicant was notified of the date of ex-parte judgment
  3. 3 Whether the applicant accounted for each day of delay

Ratio Decidendi

Applicant was not properly notified of the date of ex-parte judgment, acted promptly upon becoming aware, accounted for period of delay, and advanced sufficient reason for extension; application granted.

Court Disposition

Application granted

Orders

  • Applicant to file appeal within 30 days from date of ruling
  • Costs to abide outcome of intended appeal