abel aloyce others vs hamza ramadhani 2013 tzhc 2150 26 november 2013

abel aloyce others vs hamza ramadhani 2013 tzhc 2150 26 november 2013

The trial magistrate erred by both ordering ex parte hearing and issuing summons for appearance, and by failing to consider the reality of traffic jams as a valid reason for non-appearance. The ex parte judgment and decree are set aside and the matter remitted for inter partes hearing.

Citation
abel aloyce others vs hamza ramadhani 2013 tzhc 2150 26 november 2013
Parties
Appellant: Abel Aloyce; Appellant: Choice Motors Limited; Appellant: Reliance Insurance Company Limited; Respondent: Hamza Ramadhani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 November 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Setting Aside Ex Parte Judgment, Service of Hearing Notice, Application to Set Aside Judgment
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Service of Hearing Notice Application to Set Aside Judgment

Case Brief

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Parties

Abel Aloyce

Appellant

Choice Motors Limited

Appellant

Reliance Insurance Company Limited

Appellant

Hamza Ramadhani

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial magistrate erred in dismissing the application to set aside the ex parte judgment
  2. 2 Whether failure to serve hearing notice and traffic jam constituted sufficient cause for non-appearance

Ratio Decidendi

The trial magistrate erred by both ordering ex parte hearing and issuing summons for appearance, and by failing to consider the reality of traffic jams as a valid reason for non-appearance. The ex parte judgment and decree are set aside and the matter remitted for inter partes hearing.

Court Disposition

appeal allowed

Orders

  • Ex parte judgment and decree set aside
  • Case remitted to trial court for inter partes hearing