mboka s mboka vs erasto elly sanga and another 2020 tzhclandd 4017 12 september 2020
The applicant demonstrated sufficient cause for delay, specifically technical delay beyond his control, warranting extension of time to file an application to set aside the exparte judgment.
- Citation
- mboka s mboka vs erasto elly sanga and another 2020 tzhclandd 4017 12 september 2020
- Parties
- Applicant: Mboka S. Mboka; 1st Respondent: Erasto Elly Sanga; 2nd Respondent: Christopher Elly Sanga
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 12 September 2020
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time
- Outcome
- Application granted without costs
- Legal Topics
- Extension of Time, Technical Delay, Exparte Judgment, Appeal Procedure
- Source Language
- English
Case Brief
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Parties
Mboka S. Mboka
Applicant
Erasto Elly Sanga
1st Respondent
Christopher Elly Sanga
2nd Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time
Legal Issues
- 1 Whether the court should exercise discretion to extend time for filing an appeal to set aside exparte judgment
Ratio Decidendi
The applicant demonstrated sufficient cause for delay, specifically technical delay beyond his control, warranting extension of time to file an application to set aside the exparte judgment.
Court Disposition
Application granted without costs
Orders
- Extension of time granted to file application to set aside exparte judgment of District Land and Housing Tribunal for Kinondoni at Kinondoni in Land Application No. 469 of 2016 within 21 days from ruling date
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