20140530 TZHC Iringa

The applicant was not duly served with summons in accordance with the law, as service was effected on a person who was not an authorized agent and the applicant was absent. There was no evidence of due diligence by the process server or that the applicant evaded service. The ex parte judgment is set aside for lack of proper service.

Citation: 20140530 TZHC Iringa
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
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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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1

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

Ratio Decidendi

Court Disposition

Application granted

Orders

Ex parte judgment dated 2nd April, 2013 set aside
Applicant awarded costs