20030331 TZHC Dar es Salaam

20030331 TZHC Dar es Salaam

The District Court erred in law by failing to hear and determine the defendant's application for unconditional leave to defend before ordering the filing of a written statement of defence and subsequently entering judgment for the plaintiff; such orders are bad in law and must be set aside.

Citation
20030331 TZHC Dar es Salaam
Parties
Appellant: A. W. Moshi; Respondent: Edson J. S. Mkisi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Summary Suit, Setting Aside Judgment, Right to Defend, Procedural Fairness
Source Language
English
Civil Procedure Summary Suit Setting Aside Judgment Right to Defend Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

A. W. Moshi

Appellant

Edson J. S. Mkisi

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Court erred 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 failing to hear and determine the defendant's application for unconditional leave to defend before ordering the filing of a written statement of defence and subsequently entering judgment for the plaintiff; such orders are bad in law and must be set aside.

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