19870922 TZHC Dar es Salaam

19870922 TZHC Dar es Salaam

The trial magistrate erred in treating the cause list as sufficient notice and failed to consider the appellant's unrebutted affidavit showing lack of notice. The appellant's non-appearance was due to no fault of his own, and sufficient cause was shown to set aside the ex parte order.

Citation
19870922 TZHC Dar es Salaam
Parties
Appellant: Christopher Lyamboko; Respondent: Judith Matee
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 September 1987
Procedural Posture
Miscellaneous Civil Appeal / Appeal From Dismissal of Application to Set Aside Ex Parte Order
Outcome
Appeal allowed
Legal Topics
Custody of Children, Ex Parte Proceedings, Notice of Hearing, Setting Aside Ex Parte Orders
Source Language
English
Family Law Civil Procedure Custody of Children Ex Parte Proceedings Notice of Hearing Setting Aside Ex Parte Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Lyamboko

Appellant

Judith Matee

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Appeal From Dismissal of Application to Set Aside Ex Parte Order

Legal Issues

  1. 1 Whether the trial magistrate erred in treating the cause list as sufficient notice of hearing to the appellant
  2. 2 Whether the trial magistrate failed to consider the appellant's affidavit and evidence of lack of notice
  3. 3 Whether sufficient cause was shown for the appellant's non-appearance

Ratio Decidendi

The trial magistrate erred in treating the cause list as sufficient notice and failed to consider the appellant's unrebutted affidavit showing lack of notice. The appellant's non-appearance was due to no fault of his own, and sufficient cause was shown to set aside the ex parte order.

Court Disposition

Appeal allowed

Orders

  • Ruling and order of the district court dated 11/8/1986 set aside
  • Appellant awarded costs of the appeal