2001215 TZHC Mwanza

2001215 TZHC Mwanza

Application for revision is legally competent and properly filed under section 44(1)(b) MCA, 1984, especially where the time for setting aside the ex parte judgment has expired.

Citation
2001215 TZHC Mwanza
Parties
Applicant: Beker Pride Ltd; Respondent: Alphonce Paul
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2001
Procedural Posture
Civil Revision / Preliminary Ruling on Competence of Application
Outcome
Application for revision is ruled competent and will proceed to hearing on merits.
Legal Topics
Revision of Ex Parte Judgment, Jurisdiction, Procedural Competence
Source Language
English
Civil Procedure Revision of Ex Parte Judgment Jurisdiction Procedural Competence

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Parties

Beker Pride Ltd

Applicant

Alphonce Paul

Respondent

Procedural Posture

Civil Revision / Preliminary Ruling on Competence of Application

Legal Issues

  1. 1 Whether an application for revision of an ex parte judgment is properly filed instead of an application to set aside the judgment

Ratio Decidendi

Application for revision is legally competent and properly filed under section 44(1)(b) MCA, 1984, especially where the time for setting aside the ex parte judgment has expired.

Court Disposition

Application for revision is ruled competent and will proceed to hearing on merits.

Orders

  • Revision application to proceed to hearing as filed.