coast millers ltd and others vs joseph 2005 tzhc 10 17 february 2005

coast millers ltd and others vs joseph 2005 tzhc 10 17 february 2005

The trial court's judgment was a nullity because it failed to provide reasons for its decision and did not state findings on each issue as required by Order XX rules 4 and 5 of the Civil Procedure Code, 1966. Additionally, there was no evidence that summonses were issued and served on the defendants before entering ex-parte judgment, violating principles of natural justice.

Citation
coast millers ltd and others vs joseph 2005 tzhc 10 17 february 2005
Parties
Appellant: Coast Millers Ltd.; Appellant: Issa Haji; 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

Issa Haji

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 giving reasons and without findings on each framed issue
  2. 2 Whether ex-parte judgment was proper in absence of evidence of service of summons to defendants
  3. 3 Whether the judgment complied with Order XX rules 4 and 5 of the Civil Procedure Code, 1966

Ratio Decidendi

The trial court's judgment was a nullity because it failed to provide reasons for its decision and did not state findings on each issue as required by Order XX rules 4 and 5 of the Civil Procedure Code, 1966. Additionally, there was no evidence that summonses were issued and served on the defendants before entering ex-parte judgment, violating principles of natural justice.

Court Disposition

appeal allowed

Orders

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