makoye kintoki vs amos maganga 2016 tzhc 2274 21 june 2016

makoye kintoki vs amos maganga 2016 tzhc 2274 21 june 2016

The application for extension of time to appeal against an ex-parte decree is incompetent because the applicant did not first apply to set aside the ex-parte decree before the District Court. The law requires such an application before an appeal can be entertained.

Source-derived case information.

Citation
makoye kintoki vs amos maganga 2016 tzhc 2274 21 june 2016
Parties
Applicant: Makoye Kintoki; Respondent: Amos Maganga
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 June 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Preliminary Objection
Outcome
Application struck out with costs
Legal Topics
Extension of Time, Ex Parte Decree, Appeal Procedure, Preliminary Objection
Source Language
english
Civil Procedure Extension of Time Ex Parte Decree Appeal Procedure Preliminary Objection

Source-derived case record

Summary, issues, holding and outcome

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Parties

Makoye Kintoki

Applicant

Amos Maganga

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an application for extension of time to appeal against an ex-parte decree is competent without first applying to set aside the ex-parte decree
  2. 2 Whether prayers for leave to appeal out of time and for issuance of a proper decree can be combined in one application
  3. 3 Whether there was a wrong citation of enabling law in the chamber summons

Ratio Decidendi

The application for extension of time to appeal against an ex-parte decree is incompetent because the applicant did not first apply to set aside the ex-parte decree before the District Court. The law requires such an application before an appeal can be entertained.

Court Disposition

Application struck out with costs

Orders

  • The application is struck out as incompetent.
  • The applicant shall pay the costs of the application.