19890509 TZHC Dar es Salaam

19890509 TZHC Dar es Salaam

The order of the lower court granting extension of time to file an application to set aside an ex parte judgment is not appealable to this court as it is not listed under section 74 or Order 40 of the Civil Procedure Code.

Citation
19890509 TZHC Dar es Salaam
Parties
Appellant: Silas Simba; Respondent: Director of DSSD
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 May 1989
Procedural Posture
Miscellaneous Civil Appeal / Ruling on Preliminary Objection
Outcome
Appeal dismissed for want of jurisdiction
Legal Topics
Appealability of Orders, Extension of Time, Ex Parte Judgment, Preliminary Objection
Source Language
English
Civil Procedure Appealability of Orders Extension of Time Ex Parte Judgment Preliminary Objection

Case Brief

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Parties

Silas Simba

Appellant

Director of DSSD

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the order granting extension of time to file an application to set aside ex parte judgment is appealable
  2. 2 Whether the memorandum of appeal complies with mandatory provisions

Ratio Decidendi

The order of the lower court granting extension of time to file an application to set aside an ex parte judgment is not appealable to this court as it is not listed under section 74 or Order 40 of the Civil Procedure Code.

Court Disposition

Appeal dismissed for want of jurisdiction

Orders

  • Case returned to the lower court for continuation from where it had reached