maulid h mwanja vs h n kavira 1983 tzca 18 5 july 1983

maulid h mwanja vs h n kavira 1983 tzca 18 5 july 1983

The appellant failed to demonstrate any reasonable or sufficient cause for his absence or for the delay in applying to set aside the ex-parte judgment. The High Court judge was correct in dismissing the application, and the appeal is dismissed with costs.

Citation
maulid h mwanja vs h n kavira 1983 tzca 18 5 july 1983
Parties
Appellant: Maulid H. Mwanja; Respondent: H. N. Kavira
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 July 1983
Procedural Posture
Civil Appeal / Appeal From High Court Ruling
Outcome
appeal dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Extension of Time, Sufficient Cause
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Extension of Time Sufficient Cause

Case Brief

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Parties

Maulid H. Mwanja

Appellant

H. N. Kavira

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Ruling

Legal Issues

  1. 1 Whether the appellant showed sufficient cause for failing to appear and for delay in applying to set aside the ex-parte judgment
  2. 2 Whether the High Court properly exercised its discretion in refusing to set aside the ex-parte judgment

Ratio Decidendi

The appellant failed to demonstrate any reasonable or sufficient cause for his absence or for the delay in applying to set aside the ex-parte judgment. The High Court judge was correct in dismissing the application, and the appeal is dismissed with costs.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs