moza mohamed zaidi vs mohamed abdallah pepo 2012 tzhc 21 30 november 2012

moza mohamed zaidi vs mohamed abdallah pepo 2012 tzhc 21 30 november 2012

The High Court lacks jurisdiction to entertain a direct appeal against an ex parte judgment of the District Land and Housing Tribunal; the appellant must first apply to set aside the ex parte judgment at the Tribunal.

Citation
moza mohamed zaidi vs mohamed abdallah pepo 2012 tzhc 21 30 november 2012
Parties
Appellant: Moza Mohamed Zaidi; Respondent: Mohamed Abdallah Pepo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 November 2012
Procedural Posture
Land Appeal / Judgment on Appeal Against Ex Parte Judgment
Outcome
Appeal struck out as incompetent
Legal Topics
Ex Parte Judgment, Appeal Procedure, Setting Aside Ex Parte Orders, Jurisdiction of Appellate Court
Source Language
English
Civil Procedure Land Law Ex Parte Judgment Appeal Procedure Setting Aside Ex Parte Orders Jurisdiction of Appellate Court

Case Brief

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Parties

Moza Mohamed Zaidi

Appellant

Mohamed Abdallah Pepo

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal Against Ex Parte Judgment

Legal Issues

  1. 1 Whether an appeal lies to the High Court against an ex parte judgment of the District Land and Housing Tribunal without first applying to set aside the ex parte judgment
  2. 2 Whether the appellant had good cause for failing to file a written statement of defence within time

Ratio Decidendi

The High Court lacks jurisdiction to entertain a direct appeal against an ex parte judgment of the District Land and Housing Tribunal; the appellant must first apply to set aside the ex parte judgment at the Tribunal.

Court Disposition

Appeal struck out as incompetent

Orders

  • Appeal is struck out
  • Respondent is awarded costs