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Tanzania decisions
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The appeal was dismissed because the application for extension of time to appeal was vague, failed to attach the intended petition of appeal as required by law, and improperly sought relief that should have been pursued at the trial court, not the appellate court.
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The High Court dismissed an application to set aside an ex parte land judgment, holding it was filed out of time and that correcting record errors did not stop limitation.
The High Court allowed a civil appeal, set aside an ex-parte matrimonial decree, and restored the matter for hearing inter partes after finding sufficient cause for non-appearance.
The preliminary objections lack merit as the court is not functus officio, affidavits are not defective, procedural errors in registry nomenclature and language requirements are not fatal, and the e-CMS system supersedes objections based on physical signatures or inconsistent case numbers.
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The High Court dismissed an appeal over setting aside an ex parte district-court decision, holding that the wrong procedural citation was curable and the hearing should proceed inter partes.
The appellant was present when the judgment date was set and on the judgment date; therefore, no further notice was required. The appellant was afforded the right to be heard and failed to exercise it. No irregularities or illegalities were raised in the lower tribunal or substantiated on appeal.
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Service of process was improper as the plaint was served on an advocate without proof of instructions from the applicant, depriving the applicant of the right to be heard. This procedural defect is sufficient to set aside the ex-parte judgment and restore the original case for inter-parties hearing.
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Omission of a necessary party from the application without leave of court renders the application incompetent and it must be struck out.
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The application is omnibus and wrongly joined; the second prayer is expunged. The Applicant failed to demonstrate sufficient cause for extension of time, as the medical evidence was inadequate and the delay was not properly accounted for. The application lacks merit and is dismissed.
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The High Court dismissed a land appeal, holding that the appellants failed to prove sickness with medical evidence to justify non-appearance and set aside an ex-parte judgment.
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