20050414 TZHC Dar es Salaam
The ex-parte judgment was entered without proof of service of summons on the applicant, contrary to the requirements of the Civil Procedure Code, rendering the order and all subsequent orders illegal.
- Citation
- 20050414 TZHC Dar es Salaam
- Parties
- Applicant: COWi Consult (T) Ltd; Respondents: Pius Kuhangaika & 2 Others
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 April 2005
- Procedural Posture
- Civil Revision / Ruling on Application for Revision
- Outcome
- application allowed
- Legal Topics
- Ex Parte Judgment, Service of Summons, Revision, Propriety of Court Orders
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
COWi Consult (T) Ltd
Applicant
Pius Kuhangaika & 2 Others
Respondents
Procedural Posture
Civil Revision / Ruling on Application for Revision
Legal Issues
- 1 Whether the ex-parte judgment entered on 14.3.2002 was proper and legal
- 2 Whether subsequent orders based on the ex-parte judgment were valid
Ratio Decidendi
The ex-parte judgment was entered without proof of service of summons on the applicant, contrary to the requirements of the Civil Procedure Code, rendering the order and all subsequent orders illegal.
Court Disposition
application allowed
Orders
- Order of 14.3.2002 entering ex-parte judgment quashed
- All subsequent orders based on the ex-parte judgment quashed
Full Case Text
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