20090414 TZHC Mwanza

20090414 TZHC Mwanza

The law does not provide a right of appeal against an ex parte decree; the applicants' remedy lies in applying to set aside the ex parte decree before the trial court. Therefore, the application for extension of time to appeal is not sustainable and is struck out with costs.

Citation
20090414 TZHC Mwanza
Parties
Applicant: Lawi Joel; Applicant: The Editor, Nipashe Newspaper; Applicant: The Guardian Limited; Respondent: Ezekiel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 April 2009
Procedural Posture
Application for Extension of Time to Appeal / Ruling on Application
Outcome
application struck out with costs
Legal Topics
Extension of Time, Ex Parte Judgment, Appeal Procedure
Source Language
English
Civil Procedure Extension of Time Ex Parte Judgment Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Lawi Joel

Applicant

The Editor, Nipashe Newspaper

Applicant

The Guardian Limited

Applicant

Ezekiel

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Ruling on Application

Legal Issues

  1. 1 Whether applicants are entitled to appeal against an ex parte decree and judgment
  2. 2 Whether extension of time to appeal can be granted in the circumstances

Ratio Decidendi

The law does not provide a right of appeal against an ex parte decree; the applicants' remedy lies in applying to set aside the ex parte decree before the trial court. Therefore, the application for extension of time to appeal is not sustainable and is struck out with costs.

Court Disposition

application struck out with costs

Orders

  • application is struck out
  • applicants to pay costs