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Tanzania decisions
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The High Court dismissed the civil appeal as incompetent, holding that the application to set aside the ex parte judgment was filed out of time without leave.
The Court of Appeal upheld dismissal of an application to set aside an ex parte judgment, finding no sufficient cause for the appellants’ failure to file a defence.
The Court of Appeal of Tanzania at Zanzibar allowed an appeal against refusal to set aside an ex parte judgment for lack of proved service and premature ex parte hearing.
The affidavit in support of the application was incurably defective due to a general verification clause failing to distinguish between facts based on personal knowledge and those based on information or belief, rendering the entire application incompetent and subject to being struck out.
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The appellant had no locus standi to institute the suit in his own capacity as the land belonged to his late brother and he did not sue as administrator of the estate; thus, the proceedings and judgments of the lower tribunals are nullified.
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The High Court dismissed an application to extend time to set aside an ex parte decree, finding the applicant had not shown sufficient cause for the delay.
The High Court dismissed a land appeal because the appellant challenged an ex parte ward tribunal decision without first seeking to set it aside.
The High Court struck out a land appeal as premature because the appellant had not first applied to set aside the ex parte decree or exhausted available remedies.
Applicant failed to demonstrate sufficient cause for nonappearance; negligence and laxity are not sufficient grounds. Application for stay of execution was incompetent and unsupported.
Source excerpt
The High Court allowed an appeal against setting aside an ex parte decree, holding the application was time-barred and filed without leave to act for a deceased defendant.
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