20121022 TZHC Dar es Salaam

The applicant was not made aware of the hearing date, and the ex parte judgment was delivered without proper notice; therefore, the judgment must be set aside and the appeal reheard inter partes.

Citation: 20121022 TZHC Dar es Salaam
Parties: Appellant: Constantine F. Masali; Respondent: Gema Security Services
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 October 2012
Procedural Posture: Civil Appeal / Application to Set Aside Ex Parte Judgment
Outcome: application allowed
Legal Topics: Ex Parte Proceedings, Setting Aside Judgment, Notice of Hearing, Execution of Decree
Source Language: English

Civil Procedure Employment Law Ex Parte Proceedings Setting Aside Judgment Notice of Hearing Execution of Decree

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Parties

Constantine F. Masali

Appellant

Gema Security Services

Respondent

Procedural Posture

Civil Appeal / Application to Set Aside Ex Parte Judgment

Legal Issues

1 Whether the applicant was aware of the hearing date for the appeal
2 Whether the ex parte judgment should be set aside and the appeal reheard inter partes
3 Whether the execution of the decree was valid

Ratio Decidendi

The applicant was not made aware of the hearing date, and the ex parte judgment was delivered without proper notice; therefore, the judgment must be set aside and the appeal reheard inter partes.

Court Disposition

application allowed

Orders

Ex parte judgment of 29th March 2010 set aside
Appeal to be reheard inter partes on 18th November 2012