china railway 15th bureau group corporation vs butahe security guards and service 2020 tzhc 4279 14 december 2020

china railway 15th bureau group corporation vs butahe security guards and service 2020 tzhc 4279 14 december 2020

The appellant's affidavit, supported by a laboratory investigation form and sworn by an officer of the court, provided credible evidence of sickness. The trial magistrate misdirected himself by focusing on the quantity rather than the quality of supporting documents. The absence was justified and sufficient cause was demonstrated.

Citation
china railway 15th bureau group corporation vs butahe security guards and service 2020 tzhc 4279 14 december 2020
Parties
Appellant: China Railway 15th Bureau Group Corporation; Respondent: Butahe Security Guards and Service
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 December 2020
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Setting Aside Ex Parte Judgment, Sufficient Cause for Non Appearance, Affidavit Evidence
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Sufficient Cause for Non Appearance Affidavit Evidence

Case Brief

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Parties

China Railway 15th Bureau Group Corporation

Appellant

Butahe Security Guards and Service

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant demonstrated sufficient cause for non-appearance to warrant setting aside the ex parte judgment

Ratio Decidendi

The appellant's affidavit, supported by a laboratory investigation form and sworn by an officer of the court, provided credible evidence of sickness. The trial magistrate misdirected himself by focusing on the quantity rather than the quality of supporting documents. The absence was justified and sufficient cause was demonstrated.

Court Disposition

appeal allowed

Orders

  • Ruling of the district court and ex parte judgment quashed
  • Parties to be heard inter partes