19931015 TZHC Dar es Salaam

19931015 TZHC Dar es Salaam

Failure to appear in court due to the advocate's vehicle breakdown does not constitute sufficient cause to set aside an ex-parte judgment. Imprudence in not seeking alternative transport is not a valid excuse. No arguable case is disclosed for consideration by the Court of Appeal; leave is refused.

Citation
19931015 TZHC Dar es Salaam
Parties
Applicant: Applicant (Name not specified); Respondent: Respondent (Name not specified)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 October 1993
Procedural Posture
Civil Appeal / Application for Leave to Appeal to Court of Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Setting Aside Ex Parte Judgment, Leave to Appeal, Sufficient Cause
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Leave to Appeal Sufficient Cause

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Parties

Applicant (Name not specified)

Applicant

Respondent (Name not specified)

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether sufficient cause was shown to set aside the ex-parte judgment
  2. 2 Whether leave to appeal to the Court of Appeal should be granted

Ratio Decidendi

Failure to appear in court due to the advocate's vehicle breakdown does not constitute sufficient cause to set aside an ex-parte judgment. Imprudence in not seeking alternative transport is not a valid excuse. No arguable case is disclosed for consideration by the Court of Appeal; leave is refused.

Court Disposition

Application for leave to appeal refused

Orders

  • Leave to appeal is refused
  • Respondent is awarded costs