MONEY EXPERT RULING

MONEY EXPERT RULING

The ex-parte judgment is defective and tainted with illegality apparent on the face of the record; this constitutes sufficient reason for extension of time to file notice of appeal, regardless of whether the applicant accounted for each day of delay.

Citation
MONEY EXPERT RULING
Parties
Applicant: Money Experts Ltd; 1st Respondent: Samna (T) Investment Limited; 2nd Respondent: Samwel Sule Nakei; 3rd Respondent: Shamsa Salim Hamduni
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 July 2020
Procedural Posture
Civil Application / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Illegality, Ex Parte Judgment, Right to Be Heard
Source Language
English
Civil Procedure Extension of Time Illegality Ex Parte Judgment Right to Be Heard

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Parties

Money Experts Ltd

Applicant

Samna (T) Investment Limited

1st Respondent

Samwel Sule Nakei

2nd Respondent

Shamsa Salim Hamduni

3rd Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file notice of appeal
  2. 2 Whether the ex-parte judgment is tainted with illegality
  3. 3 Whether delay in filing notice of appeal is justified

Ratio Decidendi

The ex-parte judgment is defective and tainted with illegality apparent on the face of the record; this constitutes sufficient reason for extension of time to file notice of appeal, regardless of whether the applicant accounted for each day of delay.

Court Disposition

Application granted

Orders

  • Applicant to file notice of intention to appeal to the Court of Appeal within thirty days from the date of this ruling.
  • Costs will be in the course.