sofina mbedo vs kazumari madevu 2021 tzhc 7347 9 november 2021
The appellant was duly served and appeared at hearing; absence at judgment delivery does not constitute denial of right to be heard. Failure to advance sufficient cause for delay justified dismissal of extension application.
- Citation
- sofina mbedo vs kazumari madevu 2021 tzhc 7347 9 november 2021
- Parties
- Appellant: Sofina Mbedo; Respondent: Kazumari Madevu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 November 2021
- Procedural Posture
- Miscellaneous Land Case Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Extension of Time, Right to Be Heard, Burden of Proof, Service of Summons
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Parties
Sofina Mbedo
Appellant
Kazumari Madevu
Respondent
Procedural Posture
Miscellaneous Land Case Appeal / Judgment
Legal Issues
- 1 Whether the appellant was denied the right to be heard
- 2 Whether the appellant received proper service of summons
- 3 Whether the burden of proof was correctly allocated
Ratio Decidendi
The appellant was duly served and appeared at hearing; absence at judgment delivery does not constitute denial of right to be heard. Failure to advance sufficient cause for delay justified dismissal of extension application.
Court Disposition
appeal dismissed
Orders
- appeal dismissed
- rights of appeal to the Court of Appeal explained
Full Case Text
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