20150902 TZHC Dar es Salaam

20150902 TZHC Dar es Salaam

The applicant was not heard in the main suit, and the ex parte judgment led to a decree and execution order; this constitutes sufficient cause for extension of time and stay of execution to prevent irreparable loss.

Citation
20150902 TZHC Dar es Salaam
Parties
Applicant: Placid Chaka; 1st Respondent: Juma Ally @ Kasikio; 2nd Respondent: Mamba Auction Mart Court Broker
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 September 2015
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time and Stay of Execution
Outcome
Application granted
Legal Topics
Extension of Time, Stay of Execution, Ex Parte Judgment, Review of Judgment
Source Language
English
Civil Procedure Extension of Time Stay of Execution Ex Parte Judgment Review of Judgment

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Parties

Placid Chaka

Applicant

Juma Ally @ Kasikio

1st Respondent

Mamba Auction Mart Court Broker

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time and Stay of Execution

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file an application for review of ex parte judgment
  2. 2 Whether stay of execution of decree should be granted

Ratio Decidendi

The applicant was not heard in the main suit, and the ex parte judgment led to a decree and execution order; this constitutes sufficient cause for extension of time and stay of execution to prevent irreparable loss.

Court Disposition

Application granted

Orders

  • Extension of time to file application for review of ex parte judgment granted
  • Stay of execution of decree ordered pending hearing and determination of intended review application