20161128 TZHC Mwanza

20161128 TZHC Mwanza

The appeal was premature because the appellant did not first apply to set aside the ex parte decree as required by regulation 11(2) of GN No. 174 of 2003, nor did he exhaust the remedy of appealing the refusal to extend time to file a written statement of defense.

Citation
20161128 TZHC Mwanza
Parties
Appellant: Mugombesi Chiganga; Respondent: Isaka Rugina
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 November 2016
Procedural Posture
Land Appeal / Appellate Judgment
Outcome
Appeal struck out with costs
Legal Topics
Ex Parte Judgment, Right of Appeal, Setting Aside Ex Parte Decree, Extension of Time
Source Language
English
Civil Procedure Land Law Ex Parte Judgment Right of Appeal Setting Aside Ex Parte Decree Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Mugombesi Chiganga

Appellant

Isaka Rugina

Respondent

Procedural Posture

Land Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the appeal against the ex parte decision was competent without first applying to set aside the ex parte decree
  2. 2 Whether the appellant exhausted available remedies before appealing

Ratio Decidendi

The appeal was premature because the appellant did not first apply to set aside the ex parte decree as required by regulation 11(2) of GN No. 174 of 2003, nor did he exhaust the remedy of appealing the refusal to extend time to file a written statement of defense.

Court Disposition

Appeal struck out with costs

Orders

  • The appeal is struck out with costs