benezeth rweyemamnu vs cyprian alexander mlay others 2022 tzca 515 24 august 2022

The applicant's contention regarding erroneous proof of service raises a ground meriting the Court's attention; leave to appeal is granted.

Citation: benezeth rweyemamnu vs cyprian alexander mlay others 2022 tzca 515 24 august 2022
Parties: Applicant: Benezeth Rweyemamu; 1st Respondent: Cyprian Alexander Mlay; 2nd Respondent: Salvatory Soka; 3rd Respondent: M. M. Auctioneers
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 24 August 2022
Procedural Posture: Civil Application / Application for Leave to Appeal
Outcome: leave to appeal granted
Legal Topics: Leave to Appeal, Ex Parte Judgment, Service of Process
Source Language: English

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Benezeth Rweyemamu

Applicant

Cyprian Alexander Mlay

1st Respondent

Salvatory Soka

2nd Respondent

M. M. Auctioneers

3rd Respondent

Civil Application / Application for Leave to Appeal

1 Whether leave to appeal should be granted based on alleged improper service leading to ex parte judgment

The applicant's contention regarding erroneous proof of service raises a ground meriting the Court's attention; leave to appeal is granted.

leave to appeal granted

Applicant granted leave to appeal against the decision of the High Court in Civil Appeal No. 109 of 2016 dated 11/02/2020.
Costs shall abide the outcome of the intended appeal.