MARIAM MAGEGE VS TATU IBRAHIM SELEMAN TAUS JUMA

MARIAM MAGEGE VS TATU IBRAHIM SELEMAN TAUS JUMA

The court found that the records were unclear regarding the transfer of the suit houses and that this uncertainty, along with the applicant's explanation for the delay and the principle that ex parte judgments without notice are invalid, constituted sufficient grounds to grant the extension of time to appeal.

Citation
MARIAM MAGEGE VS TATU IBRAHIM SELEMAN TAUS JUMA
Parties
Applicant: Mariam Magege; 1st Respondent: Tatu Ibrahim Seleman; 2nd Respondent: Tausi Juma
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 December 2019
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Ex Parte Judgment, Right to Be Heard, Locus Standi, Appeals
Source Language
English
Civil Procedure Land Law Extension of Time Ex Parte Judgment Right to Be Heard Locus Standi Appeals

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Parties

Mariam Magege

Applicant

Tatu Ibrahim Seleman

1st Respondent

Tausi Juma

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to appeal against the ex parte judgment and decree
  2. 2 Whether denial of notice of judgment and right to be heard constitute grounds for extension of time
  3. 3 Whether the respondents had locus standi to sue in their individual capacities

Ratio Decidendi

The court found that the records were unclear regarding the transfer of the suit houses and that this uncertainty, along with the applicant's explanation for the delay and the principle that ex parte judgments without notice are invalid, constituted sufficient grounds to grant the extension of time to appeal.

Court Disposition

Application granted

Orders

  • Extension of fourteen (14) days from the date of the ruling for the applicant to lodge her intended appeal to the court