bahati m ngowi vs paul aidan ulungi 2014 tzhc 2261 30 may 2014

bahati m ngowi vs paul aidan ulungi 2014 tzhc 2261 30 may 2014

The applicant was not duly served with summons as required by law, as service was effected on a person who was not an authorized agent and the applicant was absent at the time. The ex parte judgment is set aside for lack of proper service.

Citation
bahati m ngowi vs paul aidan ulungi 2014 tzhc 2261 30 may 2014
Parties
Applicant: Bahati M. Ngowi; Respondent: Paul Aidan Ulungi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 May 2014
Procedural Posture
Misc. Civil Application / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application granted; ex parte judgment set aside; costs awarded to applicant.
Legal Topics
Setting Aside Ex Parte Judgment, Service of Summons, Jurisdiction, Defamation
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Service of Summons Jurisdiction Defamation

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Parties

Bahati M. Ngowi

Applicant

Paul Aidan Ulungi

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the applicant was duly served with summons as required by law
  2. 2 Whether the ex parte judgment should be set aside for lack of proper service
  3. 3 Whether the court had pecuniary jurisdiction to entertain the original suit

Ratio Decidendi

The applicant was not duly served with summons as required by law, as service was effected on a person who was not an authorized agent and the applicant was absent at the time. The ex parte judgment is set aside for lack of proper service.

Court Disposition

Application granted; ex parte judgment set aside; costs awarded to applicant.

Orders

  • Ex parte judgment dated 2nd April, 2013 set aside
  • Applicant entitled to costs