coast millers ltd others vs joyce joseph 2005 tzhc 180 17 february 2005

coast millers ltd others vs joyce joseph 2005 tzhc 180 17 february 2005

The trial court's judgment was a nullity due to non-compliance with mandatory requirements of Order XX Rules 4 and 5 of the Civil Procedure Code, 1966, and lack of evidence of service of summons on the defendants, violating principles of natural justice.

Citation
coast millers ltd others vs joyce joseph 2005 tzhc 180 17 february 2005
Parties
Appellant: Coast Millers Ltd.; Appellant: Issahaji; Appellant: Jubilee Insurance Co. of Tanzania Ltd.; Respondent: Joyce Joseph
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 February 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Judgment Writing, Ex Parte Proceedings, Natural Justice, Non Compliance With Procedural Rules
Source Language
English
Civil Procedure Judgment Writing Ex Parte Proceedings Natural Justice Non Compliance With Procedural Rules

Case Brief

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Parties

Coast Millers Ltd.

Appellant

Issahaji

Appellant

Jubilee Insurance Co. of Tanzania Ltd.

Appellant

Joyce Joseph

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in entering judgment without providing reasons and findings on each issue as required by law
  2. 2 Whether ex-parte judgment was properly entered without evidence of service of summons on defendants

Ratio Decidendi

The trial court's judgment was a nullity due to non-compliance with mandatory requirements of Order XX Rules 4 and 5 of the Civil Procedure Code, 1966, and lack of evidence of service of summons on the defendants, violating principles of natural justice.

Court Disposition

appeal allowed

Orders

  • Trial District Court’s proceedings and judgment quashed
  • Judgment and decree set aside