CRDB KAMKALA

Absence of affidavit by plaintiff or agent under Order V Rule 27 means service was not duly proved; mere stamp is insufficient. Ex parte order set aside.

Citation: CRDB KAMKALA
Parties: Applicant: CRDB BANK PLC LTD; 1st Respondent: Gerald Kamkala (The Administrator of the Estate of the Late Jane Gervas Kamkala); 2nd Respondent: Cornelis Hendrick Van Vianen; 3rd Respondent: Octavian Joseph Kidima
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 29 November 2024
Procedural Posture: Miscellaneous Civil Application / Ruling on Application to Set Aside Ex Parte Order
Outcome: Application allowed; ex parte order set aside.
Legal Topics: Service of Summons, Ex Parte Proceedings, Setting Aside Orders
Source Language: English

Civil Procedure Service of Summons Ex Parte Proceedings Setting Aside Orders

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Parties

CRDB BANK PLC LTD

Applicant

Gerald Kamkala (The Administrator of the Estate of the Late Jane Gervas Kamkala)

1st Respondent

Cornelis Hendrick Van Vianen

2nd Respondent

Octavian Joseph Kidima

3rd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application to Set Aside Ex Parte Order

Legal Issues

1 Whether the applicant was duly served with summons as required by law
2 Whether the ex parte order should be set aside due to non-service

Ratio Decidendi

Absence of affidavit by plaintiff or agent under Order V Rule 27 means service was not duly proved; mere stamp is insufficient. Ex parte order set aside.

Court Disposition

Application allowed; ex parte order set aside.

Orders

First respondent to serve applicant with summons to file Written Statement of Defence on or before 6th December, 2024.
No order as to costs.