19930521 TZCA Arusha

19930521 TZCA Arusha

The appeal was incompetent because leave to appeal was not obtained as required by law, and the High Court order was a nullity since the application to set aside the ex-parte judgment was time-barred and no extension of time was granted.

Citation
19930521 TZCA Arusha
Parties
Appellants: Luka Mefaaachi Mollel & 10 Others; Respondent: Losito Ngeseyan
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 May 1993
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
appeal struck out as incompetent
Legal Topics
Appeal Competence, Ex Parte Judgment, Extension of Time
Source Language
English
Civil Procedure Appeal Competence Ex Parte Judgment Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Luka Mefaaachi Mollel & 10 Others

Appellants

Losito Ngeseyan

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the order of the High Court refusing to set aside its own ex-parte judgment was appealable as of right
  2. 2 Whether the High Court order was valid given the application was time-barred

Ratio Decidendi

The appeal was incompetent because leave to appeal was not obtained as required by law, and the High Court order was a nullity since the application to set aside the ex-parte judgment was time-barred and no extension of time was granted.

Court Disposition

appeal struck out as incompetent

Orders

  • appeal struck out
  • no order as to costs