mama sambage vs elizabeth nindi 2014 tzhclandd 3 24 october 2014
The applicant demonstrated sufficient cause for the delay as the record showed non-compliance with mandatory procedures for service of summons, and thus the applicant was unaware of the proceedings. The court exercised its discretion to grant extension of time.
- Citation
- mama sambage vs elizabeth nindi 2014 tzhclandd 3 24 october 2014
- Parties
- Applicant: Mama Sambage; Respondent: Elizabeth Nindi
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 24 October 2014
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Ex Parte Judgment, Service of Summons, Limitation Period
- Source Language
- English
Case Brief
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Parties
Mama Sambage
Applicant
Elizabeth Nindi
Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the applicant has shown sufficient cause for extension of time to file an application under Order XXXIX Rule 21 of the Civil Procedure Code
Ratio Decidendi
The applicant demonstrated sufficient cause for the delay as the record showed non-compliance with mandatory procedures for service of summons, and thus the applicant was unaware of the proceedings. The court exercised its discretion to grant extension of time.
Court Disposition
Application granted
Orders
- Extension of time granted to the applicant to file the intended application within fourteen (14) days from the date of the ruling.
- Each party to bear its own costs.
Full Case Text
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