20000215 TZHC Dar es Salaam3

20000215 TZHC Dar es Salaam3

The court found that the applicants were entitled to believe their advocate would appear, and there was a genuine breakdown of communication. It is in the interests of justice to allow the application as no harm would be suffered by any party.

Citation
20000215 TZHC Dar es Salaam3
Parties
Applicant: Applicants; Respondent: Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 February 2000
Procedural Posture
Application to Set Aside Ex Parte Judgment / Ruling on Application
Outcome
application granted
Legal Topics
Setting Aside Ex Parte Judgment, Advocate Client Communication
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Advocate Client Communication

Case Brief

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Parties

Applicants

Applicant

Respondent

Respondent

Procedural Posture

Application to Set Aside Ex Parte Judgment / Ruling on Application

Legal Issues

  1. 1 Whether the ex parte judgment against the applicants should be set aside

Ratio Decidendi

The court found that the applicants were entitled to believe their advocate would appear, and there was a genuine breakdown of communication. It is in the interests of justice to allow the application as no harm would be suffered by any party.

Court Disposition

application granted

Orders

  • ex parte judgment set aside
  • costs to be in the cause