19961205 TZHC Dar es Salaam

19961205 TZHC Dar es Salaam

Where the summons served is to appear and the defendant fails to appear, the court is empowered under Order 9 Rule 6(1)(a)(ii)B to enter ex parte judgment for the plaintiff without requiring proof of a prima facie case.

Citation
19961205 TZHC Dar es Salaam
Parties
Appellant: Appellants; Respondent: Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 December 1996
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Ex Parte Judgment, Order 9 Rule 6 Civil Procedure Code, Default Judgment
Source Language
English
Civil Procedure Ex Parte Judgment Order 9 Rule 6 Civil Procedure Code Default Judgment

Case Brief

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Parties

Appellants

Appellant

Respondent

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in entering ex parte judgment without requiring the plaintiff to establish a prima facie case under Order 9 Rule 6(1)(a)(ii)B of the Civil Procedure Code

Ratio Decidendi

Where the summons served is to appear and the defendant fails to appear, the court is empowered under Order 9 Rule 6(1)(a)(ii)B to enter ex parte judgment for the plaintiff without requiring proof of a prima facie case.

Court Disposition

appeal dismissed

Orders

  • Ex parte judgment of the lower court affirmed
  • Appellants to pay costs