baba drilling co ltd vs sharif rajabu 2020 tzhc 4665 7 september 2020
There was no proof that the appellant was served with the required summons, and the default judgment was entered contrary to the provisions of the Civil Procedure Code. The trial court erred both in finding proper service and in entering default judgment for a claim exceeding the statutory limit without ex parte proof.
- Citation
- baba drilling co ltd vs sharif rajabu 2020 tzhc 4665 7 september 2020
- Parties
- Appellant: Baba Drilling Co. Ltd; Respondent: Shariff Rajabu
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 7 September 2020
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- Appeal allowed
- Legal Topics
- Default Judgment, Service of Summons, Breach of Contract, Setting Aside Judgment
- Source Language
- English
Case Brief
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Parties
Baba Drilling Co. Ltd
Appellant
Shariff Rajabu
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant was properly served with summons as required by law
- 2 Whether the trial court was justified in entering a default judgment
Ratio Decidendi
There was no proof that the appellant was served with the required summons, and the default judgment was entered contrary to the provisions of the Civil Procedure Code. The trial court erred both in finding proper service and in entering default judgment for a claim exceeding the statutory limit without ex parte proof.
Court Disposition
Appeal allowed
Orders
- Proceedings and default judgment of the Resident Magistrate's Court in Civil Case No. 1 of 2018 quashed and set aside
- Appellant to be given time to present defense
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