20131126 TZHC Dar es Salaam

20131126 TZHC Dar es Salaam

The trial court's dismissal of the application to set aside the exparte judgment was improper due to inconsistent orders regarding service and failure to consider the genuine reason for non-appearance (traffic jam). The exparte judgment and decree are set aside and the matter is remitted for interpartes hearing.

Citation
20131126 TZHC Dar es Salaam
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 Exparte Judgment, Service of Notice, Procedural Fairness
Source Language
English
Civil Procedure Setting Aside Exparte Judgment Service of Notice Procedural Fairness

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 court erred in dismissing the application to set aside the exparte judgment
  2. 2 Whether failure to consider reasons for non-appearance constituted a procedural irregularity

Ratio Decidendi

The trial court's dismissal of the application to set aside the exparte judgment was improper due to inconsistent orders regarding service and failure to consider the genuine reason for non-appearance (traffic jam). The exparte judgment and decree are set aside and the matter is remitted for interpartes hearing.

Court Disposition

appeal allowed

Orders

  • Exparte judgment and decree set aside
  • Case remitted to trial court for interpartes hearing