advans t ltd another vs hance mali 2012 tzhccomd 63 20 november 2012

advans t ltd another vs hance mali 2012 tzhccomd 63 20 november 2012

Ex parte judgments from District Courts are appealable on merits under section 70(2) Civil Procedure Code; defendants who fail to file written statement of defence are not entitled to cross-examine during ex parte proof; special damages must be specifically pleaded and strictly proved, which was not done, thus award was erroneous.

Citation
advans t ltd another vs hance mali 2012 tzhccomd 63 20 november 2012
Parties
Appellant: Advans Tanzania Ltd; Appellant: Majembe Auction Mart Ltd; Respondent: Hance Mali
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
20 November 2012
Procedural Posture
Commercial Appeal / Judgment
Outcome
appeal partly succeeds and partly fails
Legal Topics
Ex Parte Judgment, Right to Cross Examine, Special Damages, Appealability of Ex Parte Decree
Source Language
English
Civil Procedure Commercial Law Ex Parte Judgment Right to Cross Examine Special Damages Appealability of Ex Parte Decree

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Advans Tanzania Ltd

Appellant

Majembe Auction Mart Ltd

Appellant

Hance Mali

Respondent

Procedural Posture

Commercial Appeal / Judgment

Legal Issues

  1. 1 Whether an ex parte judgment is appealable or only amenable to being set aside
  2. 2 Whether denial of cross-examination to a defendant who failed to file a written statement of defence was lawful
  3. 3 Whether special damages were properly pleaded and proved

Ratio Decidendi

Ex parte judgments from District Courts are appealable on merits under section 70(2) Civil Procedure Code; defendants who fail to file written statement of defence are not entitled to cross-examine during ex parte proof; special damages must be specifically pleaded and strictly proved, which was not done, thus award was erroneous.

Court Disposition

appeal partly succeeds and partly fails

Orders

  • ex parte judgment of the Lower Court quashed and set aside
  • Appellants awarded costs of appeal