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The defendant was grossly negligent and failed to file the Written Statement of Defence within the statutory and extended periods. The court's discretion to extend time is limited by the Civil Procedure Code, and the defendant's delay of approximately 110 days is inordinate. Therefore, the defendant forfeited the right to file the defence, and the matter must proceed ex-parte.
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The High Court set aside a land tribunal judgment after finding multiple procedural defects, including unauthorized amendment, assessor irregularities, an unvacated ex parte order, and unclear interpreter use.
Failure to properly serve the applicants with summons and failure to notify them of the date of ex-parte judgment constituted serious procedural irregularities and violations of the right to be heard, rendering the ex-parte judgment and proceedings void.
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The applicant's failure to file written submissions as ordered by the court constitutes failure to prosecute the application, warranting dismissal.
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The High Court allowed an appeal, set aside an ex parte ruling, and ordered a retrial inter partes after finding the appellant should not suffer for his advocate’s personal negligence.
The High Court at Mwanza granted an ex parte land application directing issuance of summons over a certificate of title under section 37(2) of the Land Registration Act.
Revision was not a proper remedy as specific remedies to set aside ex-parte decisions and appeal against execution orders were available and not exhausted; application for revision was filed out of time.
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The DLHT's ex-parte order and ruling were nullities as the 2nd respondent had filed written submissions, and the right to be heard was violated; thus, the proceedings were fundamentally flawed and must be set aside.
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The High Court dismissed a land appeal, upholding a tribunal finding that the respondent proved ownership and that the reliefs awarded matched the prayers made.
The tribunal's failure to notify the appellant of the date of delivery of the ex-parte ruling violated the appellant's right to be informed of the outcome, as established in Cosmas Construction Co. Ltd v. Arrow Garments Ltd.
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