19980821 TZHC Dar es Salaam

19980821 TZHC Dar es Salaam

The applicant cannot seek review of an ex parte judgment without first applying to set aside the judgment; the application for review lacks merit as the grounds do not fall within Order 42, subsections (1) and (2).

Citation
19980821 TZHC Dar es Salaam
Parties
Appellant: Abdul Msangi; Respondent: Selemani Mziray; Respondent's Advocate: Mr. Komba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 August 1998
Procedural Posture
Civil Appeal / Application for Review of Judgment
Outcome
application dismissed
Legal Topics
Review of Judgment, Ex Parte Proceedings, Locus Standi
Source Language
English
Civil Procedure Review of Judgment Ex Parte Proceedings Locus Standi

Case Brief

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Parties

Abdul Msangi

Appellant

Selemani Mziray

Respondent

Mr. Komba

Respondent's Advocate

Procedural Posture

Civil Appeal / Application for Review of Judgment

Legal Issues

  1. 1 Whether the applicant has locus standi to seek review of an ex parte judgment without first applying to set it aside
  2. 2 Whether the grounds for review fall within Order 42, subsections (1) and (2)

Ratio Decidendi

The applicant cannot seek review of an ex parte judgment without first applying to set aside the judgment; the application for review lacks merit as the grounds do not fall within Order 42, subsections (1) and (2).

Court Disposition

application dismissed

Orders

  • preliminary objection upheld
  • application for review dismissed