yussuph issa vs valeria joseph 2018 tzhc 2685 3 september 2018
The application is misconceived because the proper remedy against an ex parte judgment is to seek to set it aside in the same court, not to appeal to the Court of Appeal.
- Citation
- yussuph issa vs valeria joseph 2018 tzhc 2685 3 september 2018
- Parties
- Applicant: Yussuph Issa; Respondent: Valeria Joseph
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 September 2018
- Procedural Posture
- Civil Application / Ruling on Application for Extension of Time and Leave to Appeal
- Outcome
- Application struck out with costs
- Legal Topics
- Extension of Time, Leave to Appeal, Ex Parte Judgment, Appealability
- Source Language
- English
Case Brief
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Parties
Yussuph Issa
Applicant
Valeria Joseph
Respondent
Procedural Posture
Civil Application / Ruling on Application for Extension of Time and Leave to Appeal
Legal Issues
- 1 Whether extension of time and leave to appeal can be granted against an ex parte judgment in a matrimonial appeal
- 2 Whether an ex parte judgment is appealable to the Court of Appeal
Ratio Decidendi
The application is misconceived because the proper remedy against an ex parte judgment is to seek to set it aside in the same court, not to appeal to the Court of Appeal.
Court Disposition
Application struck out with costs
Orders
- Application struck out with costs
Full Case Text
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