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Tanzania decisions
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Absence of proof of service by the process server in the tribunal records is sufficient to set aside the exparte judgment; service by publication was premature as other modes of service were not exhausted; there was no service known in law.
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Failure to notify the appellant of the scheduled date for delivery of exparte judgment amounts to illegality and constitutes sufficient cause for grant of extension of time.
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Applicant failed to demonstrate sufficient cause for extension of time as he did not account for the period of delay and the alleged illegality was not sufficiently established; thus, the application is dismissed.
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The applicants accounted for the delay up to the date of receiving certified copies of the exparte judgment, and the subsequent three-day delay in filing was excusable given the need to engage advocates and prepare the application. Sufficient cause was shown for extension of time.
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The applicants fulfilled all conditions for stay of execution under Rule 11(5) of the Rules by filing within time, showing willingness to provide security, and demonstrating that execution would cause irreparable loss and render the appeal nugatory.
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The High Court quashed a district court appeal and primary court proceedings after finding the setting-aside application for an ex parte judgment was time-barred.
Illegality alleged by applicants is not addressable in an application to set aside exparte judgment under Order IX Rule 9 CPC; applicants failed to show good cause for extension of time; affidavit sworn by advocate is permissible but must be within personal knowledge and properly authorized.
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The High Court Labour Division dismissed an application to extend time to set aside an ex parte judgment, finding no good cause and no proper account of delay.
High Court land appeal dismissed challenge to refusal to extend time for setting aside an ex parte judgment, finding no apparent illegality and proper service.
The High Court granted leave to appeal out of time, finding the applicant had sufficiently explained the delay through detention, bereavement, and estate administration.
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