20160307 TZCA Dar es Salaam

The High Court judge erred in law by refusing to determine the application to set aside the ex parte judgment on merit. The judge had jurisdiction under Order IX Rule 13 to hear and decide the application, and the application was not a revision or appeal against another judge's decision.

Citation: 20160307 TZCA Dar es Salaam
Parties: Appellant: Frank Daniel t/a Mkalimoto Grocery; Respondent: Tanzania Breweries Limited
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 7 March 2016
Procedural Posture: Civil Appeal / Appeal From High Court Judgment Refusing to Set Aside Ex Parte Judgment
Outcome: Appeal allowed
Legal Topics: Ex Parte Judgment, Substituted Service, Jurisdiction to Set Aside Judgment
Source Language: English

Civil Procedure Ex Parte Judgment Substituted Service Jurisdiction to Set Aside Judgment

Case Brief

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Parties

Frank Daniel t/a Mkalimoto Grocery

Appellant

Tanzania Breweries Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing to Set Aside Ex Parte Judgment

Legal Issues

1 Whether the High Court judge erred in refusing to determine the application to set aside the ex parte judgment on merit
2 Whether substituted service was properly ordered

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

The chamber application filed by the appellant to set aside the ex parte judgment is to be heard and determined on merit by the High Court.
Costs awarded to the appellant.