20070312 TZHC Dar es Salaam

20070312 TZHC Dar es Salaam

The appellants were properly served both by ordinary and substituted service but failed to file their Written Statement of Defence. There was no ex parte hearing, and the judgment was properly entered under the Civil Procedure Code. Without an appeal or application to set aside the judgment, the application for stay of execution had no basis and was rightly dismissed.

Citation
20070312 TZHC Dar es Salaam
Parties
Appellant: B. C. Matunda and Co. Ltd; Respondent: A. K. Mujulizi; Respondent: M. Ndanshau
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
12 March 2007
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Stay of Execution, Service of Process, Ex Parte Judgment, Setting Aside Judgment
Source Language
English
Civil Procedure Stay of Execution Service of Process Ex Parte Judgment Setting Aside Judgment

Case Brief

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Parties

B. C. Matunda and Co. Ltd

Appellant

A. K. Mujulizi

Respondent

M. Ndanshau

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial magistrate erred in dismissing the application for stay of execution
  2. 2 Whether the appellants were properly served and thus bound by the judgment

Ratio Decidendi

The appellants were properly served both by ordinary and substituted service but failed to file their Written Statement of Defence. There was no ex parte hearing, and the judgment was properly entered under the Civil Procedure Code. Without an appeal or application to set aside the judgment, the application for stay of execution had no basis and was rightly dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs