Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
High Court granted a stay of execution pending appeal, finding the application timely, risk of substantial loss, and adequate security by commitment bond.
The High Court at Mwanza dismissed an application for extension of time to appeal, holding that it was an abuse of court process because the second applicant was wrongly joined.
The appeal was filed prematurely and is incompetent because the appellant failed to exhaust available remedies in the trial court, specifically by not appealing, reviewing, or seeking revision of the order refusing to set aside the ex parte judgment before filing the present appeal.
Source excerpt
The right to appeal against an ex parte judgment is automatic under section 70(2) of the Civil Procedure Code and is not dependent on first seeking to set aside the ex parte judgment. Therefore, the application for extension of time to appeal is competent and the preliminary objection lacks merit.
Source excerpt
The appellant failed to demonstrate good cause for extension of time, as alleged illegality was not substantiated and technical delay was not properly accounted for. The trial court acted within the law in dismissing the application. The directive on appeal period, though erroneous, did not prejudice the appellant or vitiate the judgment.
Source excerpt
The applicant demonstrated sufficient cause for the delay, having accounted for each day and substantiated the reasons with medical evidence. The law permits a direct appeal against an ex parte judgment, and the name discrepancy in the medical evidence was a technicality not affecting the merits. The application for extension of time is granted.
Source excerpt
The application to set aside the ex parte judgment fails because the applicant's exclusion from the hearing was a direct consequence of their failure to file and serve witness statements, not lack of notice of hearing. The applicant's arguments regarding non-service of hearing notices are irrelevant. As for the alleged lack of notice of delivery of judgment, the High Court lacks jurisdiction to declare its own judgment a nullity; such a challenge must be made before a superior court.
Source excerpt
Absence of proof of proper service of summons to the appellant constituted denial of the right to be heard, violating principles of natural justice and constitutional guarantees, rendering the ex parte judgment and subsequent orders null and void.
Source excerpt
The applicant demonstrated good cause for stay of execution as the decree was obtained ex parte without affording the applicant a fair hearing, and execution pending appeal would prejudice the applicant's rights. The law requires a specific application for stay, and the High Court retains jurisdiction as the appeal is before it, not the Court of Appeal.
Source excerpt
The High Court upheld a land tribunal ruling granting extension of time to challenge an ex parte judgment, finding the tribunal had jurisdiction and properly exercised discretion.
Explore more
