stephen ngalambe vs onesmo ezekia chaula another 2022 tzca 130 22 march 2022

stephen ngalambe vs onesmo ezekia chaula another 2022 tzca 130 22 march 2022

The appellant's affidavit was sufficient to establish when he became aware of the ex parte judgment, and the sequence of actions taken showed diligence; technical delays due to withdrawn or struck out applications were excusable. The High Court erred in demanding an affidavit from the appellant's relative and in finding the appellant failed to account for the delay.

Citation
stephen ngalambe vs onesmo ezekia chaula another 2022 tzca 130 22 march 2022
Parties
Appellant: Stephen Ngalambe; 1st Respondent: Onesmo Ezekia Chaula; 2nd Respondent: Songea Municipal Council
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 March 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Extension of Time, Ex Parte Judgment, Affidavit Evidence, Technical Delay
Source Language
English
Civil Procedure Land Law Extension of Time Ex Parte Judgment Affidavit Evidence Technical Delay

Case Brief

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Parties

Stephen Ngalambe

Appellant

Onesmo Ezekia Chaula

1st Respondent

Songea Municipal Council

2nd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant showed sufficient cause for extension of time to set aside ex parte judgment
  2. 2 Whether failure to file an affidavit from the appellant's relative was fatal to the application

Ratio Decidendi

The appellant's affidavit was sufficient to establish when he became aware of the ex parte judgment, and the sequence of actions taken showed diligence; technical delays due to withdrawn or struck out applications were excusable. The High Court erred in demanding an affidavit from the appellant's relative and in finding the appellant failed to account for the delay.

Court Disposition

appeal allowed

Orders

  • Appellant granted thirty (30) days from date of judgment to file application before High Court to set aside judgment dated 30.10.2018 in Land Case No. 06 of 2017.
  • Costs in the cause.