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The appellant was entitled to appeal against the ex parte decree without first applying to set it aside. The respondents failed to prove three essential elements of malicious prosecution: lack of reasonable and probable cause, malice, and that the criminal proceedings terminated in their favour. Therefore, the trial court erred in awarding damages for malicious prosecution.
Source excerpt
The High Court dismissed a land appeal, holding the appellant challenged execution of a Ward Tribunal decree rather than seeking to set aside the ex parte judgment.
The High Court dismissed an application for extension of time to challenge an ex parte decree, finding no sufficient cause for delay and no merit in the alleged illegality.
The High Court dismissed a land appeal challenging execution of a decree, finding the decree sufficiently identified the property and the tribunal committed no reversible error.
The court granted a stay of execution because there is a pending application to set aside the ex parte decree, and executing the decree before hearing the applicants would cause irreparable loss and violate their right to be heard. The balance of convenience and interest of justice favored granting the stay.
Source excerpt
The High Court dismissed a land application for stay of execution, holding it was filed out of time under the Limitation Act and no extension of time had been obtained.
The High Court struck out an application for extension of time to appeal, holding that the proper remedy against an ex parte decree was to seek setting aside in the trial court.
The High Court dismissed a preliminary objection that the suit was res judicata, holding that allegations of fraud could not be resolved without evidence.
The High Court dismissed an application to extend time to appeal, finding the applicant negligent and without sufficient cause for the delay.
The High Court of Tanzania dismissed an application to extend time, set aside an ex parte decree, and stay execution, finding no sufficient reason for the default.
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