19810925 TZHC Dar es Salaam

19810925 TZHC Dar es Salaam

There is no specific provision in the Civil Procedure Code for setting aside an ex parte judgment delivered on appeal in the absence of the appellant. The applicant had knowledge of the hearing date through his counsel and failed to exercise reasonable diligence. The proper remedy is to appeal the High Court's decision, not to seek to set aside the judgment at this stage.

Citation
19810925 TZHC Dar es Salaam
Parties
Appellant: Ally M. Ndangala; Respondent: Sahem Nassoro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 September 1981
Procedural Posture
Civil Appeal / Application to Set Aside Ex Parte Judgment on Appeal
Outcome
Application dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Appeals, Civil Procedure Code
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Appeals Civil Procedure Code

Case Brief

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Parties

Ally M. Ndangala

Appellant

Sahem Nassoro

Respondent

Procedural Posture

Civil Appeal / Application to Set Aside Ex Parte Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court can set aside an ex parte judgment delivered on appeal in the absence of the appellant and his counsel
  2. 2 Whether Order IX Rule 13 or Order XXXIX of the Civil Procedure Code applies to setting aside ex parte judgments on appeal

Ratio Decidendi

There is no specific provision in the Civil Procedure Code for setting aside an ex parte judgment delivered on appeal in the absence of the appellant. The applicant had knowledge of the hearing date through his counsel and failed to exercise reasonable diligence. The proper remedy is to appeal the High Court's decision, not to seek to set aside the judgment at this stage.

Court Disposition

Application dismissed with costs

Orders

  • Application to set aside ex parte judgment is dismissed
  • Applicant to pay costs