ahmed abdallah saleh vs eutropia joseph tarimo 2ors 2022 tzhcld 1165 8 august 2022

ahmed abdallah saleh vs eutropia joseph tarimo 2ors 2022 tzhcld 1165 8 august 2022

Failure to serve the applicant with summons and notify him of proceedings constitutes illegality and denial of the right to be heard, justifying extension of time to set aside the ex parte judgment.

Citation
ahmed abdallah saleh vs eutropia joseph tarimo 2ors 2022 tzhcld 1165 8 august 2022
Parties
1st Respondent: Eutropia Joseph Tarimo (Suing as Administratrix of the late Andrew Joseph); 2nd Respondent: Shabani Selemani Juma; 3rd Respondent: Alliance Insurance Corporation Ltd; Applicant: [Applicant's Name Not Stated]
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 August 2022
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Set Aside Ex Parte Judgment
Outcome
Application granted
Legal Topics
Extension of Time, Ex Parte Judgment, Right to Fair Hearing, Service of Summons
Source Language
English
Civil Procedure Extension of Time Ex Parte Judgment Right to Fair Hearing Service of Summons

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Eutropia Joseph Tarimo (Suing as Administratrix of the late Andrew Joseph)

1st Respondent

Shabani Selemani Juma

2nd Respondent

Alliance Insurance Corporation Ltd

3rd Respondent

[Applicant's Name Not Stated]

Applicant

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Extension of Time to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to apply to set aside ex parte judgment due to lack of service and alleged illegality

Ratio Decidendi

Failure to serve the applicant with summons and notify him of proceedings constitutes illegality and denial of the right to be heard, justifying extension of time to set aside the ex parte judgment.

Court Disposition

Application granted

Orders

  • Applicant to file application to set aside ex parte judgment in Civil Case No. 125 of 2015 within 30 days from extraction of the drawn order
  • Costs to follow events