20090302 TZHC Arusha

The applicant attended court as summoned, albeit late, and this was his only absence; therefore, the ex parte order should be vacated to ensure justice and the right to be heard.

Citation: 20090302 TZHC Arusha
Parties: Applicant: Abeid Ally Ngojwike; Respondent: Christopher Ritho
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 2 March 2009
Procedural Posture: Miscellaneous Civil Application / Ruling on Application to Vacate Ex Parte Order
Outcome: Application granted
Legal Topics: Ex Parte Proceedings, Setting Aside Ex Parte Orders, Right to Be Heard
Source Language: English

Civil Procedure Ex Parte Proceedings Setting Aside Ex Parte Orders Right to Be Heard

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Parties

Abeid Ally Ngojwike

Applicant

Christopher Ritho

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application to Vacate Ex Parte Order

Legal Issues

1 Whether the ex parte order should be vacated due to the applicant's late arrival in court

Ratio Decidendi

The applicant attended court as summoned, albeit late, and this was his only absence; therefore, the ex parte order should be vacated to ensure justice and the right to be heard.

Court Disposition

Application granted

Orders

The ex parte order dated 19/8/2008 in Misc. Civil Application No. 36 of 2008 is vacated forthwith.
The said case to proceed inter partes.