19830705 TZCA Dar es Salaam2

19830705 TZCA Dar es Salaam2

The appellant failed to provide a credible or sufficient reason for not appearing or for the delay in applying to set aside the ex-parte judgment. The High Court was correct in dismissing the application as time-barred and lacking sufficient cause.

Citation
19830705 TZCA Dar es Salaam2
Parties
Appellant: Maulid H. Mwanja; Respondent: H. N. Kavira
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 July 1983
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
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 / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant showed sufficient cause for setting aside the ex-parte judgment and for extension of time to file defence

Ratio Decidendi

The appellant failed to provide a credible or sufficient reason for not appearing or for the delay in applying to set aside the ex-parte judgment. The High Court was correct in dismissing the application as time-barred and lacking sufficient cause.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs