Misc

The High Court, being functus officio, cannot revisit or set aside its own ex parte judgment on grounds of alleged illegalities; such issues must be addressed by the Court of Appeal.

Citation: Misc
Parties: Applicant: A.K. Mutungi; 1st Respondent: A.A.K. Sykes; 2nd Respondent: Kinondoni Municipal Council
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 1 January 2023
Procedural Posture: Miscellaneous Land Application / Ruling on Application to Set Aside Ex Parte Judgment
Outcome: Application dismissed with costs
Legal Topics: Setting Aside Ex Parte Judgment, Service of Summons, Functus Officio, Right to Be Heard
Source Language: English

Civil Procedure Land Law Setting Aside Ex Parte Judgment Service of Summons Functus Officio Right to Be Heard

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Parties

A.K. Mutungi

Applicant

A.A.K. Sykes

1st Respondent

Kinondoni Municipal Council

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

1 Whether the High Court can set aside its own ex parte judgment on grounds of alleged illegalities
2 Whether the applicant was denied the right to be heard due to improper service of summons

Ratio Decidendi

The High Court, being functus officio, cannot revisit or set aside its own ex parte judgment on grounds of alleged illegalities; such issues must be addressed by the Court of Appeal.

Court Disposition

Application dismissed with costs

Orders

Application dismissed
Applicant to pay costs