mboka s mboka vs erasto elly sanga and another 2021 tzhclandd 657 12 october 2021
The applicant demonstrated sufficient cause for the delay, which was technical and beyond his control, and the respondent conceded to the application; therefore, the court exercised its discretion to grant the extension of time.
- Citation
- mboka s mboka vs erasto elly sanga and another 2021 tzhclandd 657 12 october 2021
- Parties
- Applicant: Mboka S. Mboka; 1st Respondent: Erasto Elly Sanga; 2nd Respondent: Christopher Elly Sanga
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 12 October 2021
- Procedural Posture
- Miscellaneous Land Application / Ruling on Application for Extension of Time
- Outcome
- Application granted
- Legal Topics
- Extension of Time, Technical Delay, Setting Aside Ex Parte Judgment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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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 applicant has shown sufficient cause for extension of time to file an application to set aside the ex parte judgment
Ratio Decidendi
The applicant demonstrated sufficient cause for the delay, which was technical and beyond his control, and the respondent conceded to the application; therefore, the court exercised its discretion to grant the extension of time.
Court Disposition
Application granted
Orders
- Extension of time granted to file an application to set aside the ex parte judgment of the District Land and Housing Tribunal for Kinondoni at Kinondoni in Land Application No. 469 of 2016 within 21 days from the date of the ruling
- No order as to costs
Full Case Text
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