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
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 High Court struck out the suit for failure to comply with the mandatory 90-day notice requirement before suing the Government under section 6(2).
The applicant demonstrated promptness and diligence in pursuing the appeal, and the delay was technical, not actual. The withdrawal of the initial appeal due to lack of proof of service was not due to negligence or apathy but a procedural misstep. The applicant acted immediately after the withdrawal, and thus sufficient cause for extension of time was established.
Source excerpt
The defendant did not show sufficient cause for delay, but the plaintiff failed to provide proof of service of summons; without such proof, the court cannot grant the reliefs sought in the plaint. Therefore, the defendant is granted an extension of time to apply for leave to defend.
Source excerpt
The application was not served on the respondent or her counsel within fourteen days of filing, and there was no affidavit of service as required by Rule 22(6); thus, the application is incompetent.
Source excerpt
The High Court erred by revising the ex-parte decision without first revising the refusal to set aside the ex-parte decision; lack of proof of service meant the arbitrator had no justification to proceed ex-parte; the application for revision was omnibus and thus improper, but the appeal is allowed to the extent that both parties must be heard afresh by the CMA.
Source excerpt
The High Court granted an extension of time to publish a default judgment, despite finding the application was wrongly framed and the delay insufficiently proved.
The appeal was struck out because there was no proof on record that the appellant served the notice of appeal and the letter requesting appeal documents on the respondent as required by Rules 84(1) and 90(3) of the Tanzania Court of Appeal Rules, 2009. The absence of such proof rendered the appeal incompetent and time barred.
Source excerpt
Omission to include proof of service of the notice of appeal in the record does not render the appeal incompetent where there is evidence of service, such as a notice of address for service by the respondent's advocate. The authorities cited by the respondent are distinguishable as they concern total failure of service, not mere omission of proof in the record.
Source excerpt
The appellant failed to provide sufficient cause for his non-appearance, as the evidence of sickness was inadequate and there was no proof that the summons was not properly served. Therefore, the trial tribunal's decision to dismiss the application to set aside the ex-parte judgment was correct.
Source excerpt
Explore more
