20040322 TZHC Dar es Salaam 2

20040322 TZHC Dar es Salaam 2

The application was dismissed for being time barred as it was filed after the 21-day limitation period prescribed by Order IX rule 13(2) of the Civil Procedure Code 1966.

Citation
20040322 TZHC Dar es Salaam 2
Parties
Plaintiff: Ali Tohme; 1st Defendant/applicant: Hussein Khalil Shoumar (Through his attorney Ali Hussein Shoumar); 2nd Defendant/applicant: Mohamed Riad Yassine El-Cham (Through his attorney Yassin Mohamed Riad El-Chamd); Respondent's Advocate: Mr. El-Maamry
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 March 2004
Procedural Posture
Commercial Case / Application to Set Aside Ex Parte Judgment
Outcome
Application dismissed with costs
Legal Topics
Ex Parte Judgment, Limitation Period, Service of Process
Source Language
English
Civil Procedure Ex Parte Judgment Limitation Period Service of Process

Case Brief

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Parties

Ali Tohme

Plaintiff

Hussein Khalil Shoumar (Through his attorney Ali Hussein Shoumar)

1st Defendant/applicant

Mohamed Riad Yassine El-Cham (Through his attorney Yassin Mohamed Riad El-Chamd)

2nd Defendant/applicant

Mr. El-Maamry

Respondent's Advocate

Procedural Posture

Commercial Case / Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the application to set aside ex parte judgment was filed within the limitation period
  2. 2 Whether the applicants were duly served

Ratio Decidendi

The application was dismissed for being time barred as it was filed after the 21-day limitation period prescribed by Order IX rule 13(2) of the Civil Procedure Code 1966.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs for being time barred