lim han yung another vs lucy traseas kristensen 2018 tzhclandd 438 6 july 2018

lim han yung another vs lucy traseas kristensen 2018 tzhclandd 438 6 july 2018

Applicants failed to show sufficient cause to set aside the ex parte judgment as they were aware of the proceedings, were represented at judgment delivery, and the failure to file the amended Written Statement of Defence within the prescribed time could not be cured by this application. The court cannot set aside the judgment to allow filing out of time contrary to mandatory legal provisions.

Citation
lim han yung another vs lucy traseas kristensen 2018 tzhclandd 438 6 july 2018
Parties
Applicant: Lim Han Yung; Applicant: Lim Trading Company Ltd; Respondent: Lucy Traseas Kristensen
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
6 July 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application dismissed with costs
Legal Topics
Ex Parte Judgment, Setting Aside Judgment, Written Statement of Defence, Extension of Time
Source Language
English
Civil Procedure Land Law Ex Parte Judgment Setting Aside Judgment Written Statement of Defence Extension of Time

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Parties

Lim Han Yung

Applicant

Lim Trading Company Ltd

Applicant

Lucy Traseas Kristensen

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether sufficient reasons exist to set aside the ex parte judgment in Land Case No. 45 of 2015

Ratio Decidendi

Applicants failed to show sufficient cause to set aside the ex parte judgment as they were aware of the proceedings, were represented at judgment delivery, and the failure to file the amended Written Statement of Defence within the prescribed time could not be cured by this application. The court cannot set aside the judgment to allow filing out of time contrary to mandatory legal provisions.

Court Disposition

Application dismissed with costs

Orders

  • Application to set aside ex parte judgment is dismissed
  • Applicants to pay costs