caritas kigoma vs kg dewsi ltd 2007 tzca 160 16 march 2007

The appellant was not served with a hearing notice for 14.4.1998; the evidence did not support the finding that service was effected; refusal to set aside the ex-parte judgment was erroneous.

Citation: caritas kigoma vs kg dewsi ltd 2007 tzca 160 16 march 2007
Parties: Appellant: Caritas Kigoma; Respondent: K. G. Dewsi Ltd.
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 16 March 2007
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Ex Parte Judgment, Service of Summons, Setting Aside Judgment
Source Language: English

Civil Procedure Ex Parte Judgment Service of Summons Setting Aside Judgment

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Caritas Kigoma

Appellant

K. G. Dewsi Ltd.

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the appellant was properly served with summons for hearing before the ex-parte judgment was passed
2 Whether the trial judge erred in refusing to set aside the ex-parte judgment

Ratio Decidendi

The appellant was not served with a hearing notice for 14.4.1998; the evidence did not support the finding that service was effected; refusal to set aside the ex-parte judgment was erroneous.

Court Disposition

appeal allowed

Orders

ex-parte judgment of 14.4.1998 set aside
costs awarded to appellant