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Tanzania decisions
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The appellant failed to account for the inordinate delay of 14 months in filing the application for extension of time, and did not provide sufficient explanation or evidence for her absence or the whereabouts of co-appellants. Allegations of irregularity and forgery were unsupported by convictions or superior court orders. The trial tribunal was justified in denying the extension of time.
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The High Court dismissed a second civil appeal, holding that summons had been properly served and the appellant had knowledge of the suit before the ex-parte judgment.
The Tribunal failed to properly examine the issue of illegality regarding service of summons and the Appellant's relocation and advocate's death, which constituted sufficient grounds for extension of time to set aside the ex-parte judgment. The Appellant is entitled to benefit of doubt and extension of time.
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The High Court granted Mo Green International Co. Ltd 30 days to lodge an appeal, holding that alleged illegality on the face of the record justified extension of time.
The High Court dismissed a land appeal against refusal to extend time to challenge an ex parte judgment, holding the Tribunal properly assessed the record.
The High Court granted an application for extension of time to challenge an ex parte land judgment, finding that lack of summons service amounted to sufficient reason.
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 Land Division dismissed an application for extension of time to seek setting aside of an ex parte judgment, finding the delay was not sufficiently explained.
The applicants demonstrated sufficient cause for enlargement of time based on prompt action after learning of the ex-parte decisions, allegations of illegality, and technical delay. The court found that the right to be heard and proper service of summons are constitutional and procedural requirements, and allegations of their breach warrant scrutiny through revision. Therefore, the application for enlargement of time was granted.
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The tribunal erred by entertaining and granting execution before disposing of the application to set aside the ex-parte judgment, constituting an irregularity and injustice warranting intervention by way of revision.
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