patrick yohana chiunda vs lucy bonaventura namuba another 2023 tzhclandd 17312 28 february 2023

The applicant failed to account for the 24 days of delay after becoming aware of the ex-parte judgment, thus did not demonstrate sufficient good cause for extension of time.

Citation: patrick yohana chiunda vs lucy bonaventura namuba another 2023 tzhclandd 17312 28 february 2023
Parties: Applicant: Patrick Yohana Chiunda; 1st Respondent: Lucy Bonaventura Namuba; 2nd Respondent: Peter Silas Abeid
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 28 February 2023
Procedural Posture: Miscellaneous Land Application / Ruling on Application for Extension of Time
Outcome: Application dismissed with costs
Legal Topics: Extension of Time, Ex Parte Judgment, Service of Summons, Right to Be Heard
Source Language: English

Civil Procedure Land Law Extension of Time Ex Parte Judgment Service of Summons Right to Be Heard

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Patrick Yohana Chiunda

Applicant

Lucy Bonaventura Namuba

1st Respondent

Peter Silas Abeid

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time

Legal Issues

1 Whether the applicant has advanced sufficient good cause for extension of time to file an application to set aside ex-parte judgment

Ratio Decidendi

The applicant failed to account for the 24 days of delay after becoming aware of the ex-parte judgment, thus did not demonstrate sufficient good cause for extension of time.

Court Disposition

Application dismissed with costs

Orders

Application for extension of time is dismissed
Applicant to pay costs