mama sambage vs elizabeth nindi 2014 tzhclandd 3 24 october 2014

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

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Parties

Mama Sambage

Applicant

Elizabeth Nindi

Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application for Extension of Time

  1. 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.