20030330 TZHC Dar es Salaam

20030330 TZHC Dar es Salaam

The District Court erred in law by entering judgment for the plaintiff without first hearing the defendant's application for unconditional leave to defend. The subsequent refusal to set aside the judgment was also erroneous. The appeal is allowed, the order is set aside, and the matter is remitted for proper hearing.

Citation
20030330 TZHC Dar es Salaam
Parties
Appellant: A. V. Moshi; Respondent: Edson J.S. Mkisi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 March 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Summary Suits, Setting Aside Ex Parte Judgment, Right to Be Heard
Source Language
English
Civil Procedure Summary Suits Setting Aside Ex Parte Judgment Right to Be Heard

Case Brief

Summary, issues, holding and outcome

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Parties

A. V. Moshi

Appellant

Edson J.S. Mkisi

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Court acted properly in entering judgment for the plaintiff on a mention date without hearing the defendant's application for leave to defend
  2. 2 Whether the refusal to set aside the judgment was proper

Ratio Decidendi

The District Court erred in law by entering judgment for the plaintiff without first hearing the defendant's application for unconditional leave to defend. The subsequent refusal to set aside the judgment was also erroneous. The appeal is allowed, the order is set aside, and the matter is remitted for proper hearing.

Court Disposition

Appeal allowed

Orders

  • Order of 14th June 2002 set aside
  • Case file to be returned to District Court of Ilala for hearing of the defendant's application for leave to defend