20150630 TZHC Dar es Salaam

20150630 TZHC Dar es Salaam

Since the counter claim exceeds one thousand shillings, the court cannot grant default judgment without ex parte proof. The plaintiff in the counter claim must provide ex parte proof against the defendants before judgment can be pronounced.

Citation
20150630 TZHC Dar es Salaam
Parties
Plaintiff/1st Defendant in Counter Claim: Hanai Investment Limited; 2nd Defendant in Counter Claim: Rossemary Cliford Nirenda; 3rd Defendant in Counter Claim: Mathias E. Hanai; 4th Defendant in Counter Claim: Mbaraka Ally Said; Defendant/plaintiff in Counter Claim: Diamond Trust Bank
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2015
Procedural Posture
Civil / Ruling on Application for Default Judgment in Counter Claim
Outcome
Application for default judgment denied; order for ex parte proof granted.
Legal Topics
Default Judgment, Counter Claim, Filing of Defence, Ex Parte Proof
Source Language
English
Civil Procedure Default Judgment Counter Claim Filing of Defence Ex Parte Proof

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Parties

Hanai Investment Limited

Plaintiff/1st Defendant in Counter Claim

Rossemary Cliford Nirenda

2nd Defendant in Counter Claim

Mathias E. Hanai

3rd Defendant in Counter Claim

Mbaraka Ally Said

4th Defendant in Counter Claim

Diamond Trust Bank

Defendant/plaintiff in Counter Claim

Procedural Posture

Civil / Ruling on Application for Default Judgment in Counter Claim

Legal Issues

  1. 1 Whether the defendants in the counter claim failed to file their defence within the prescribed period
  2. 2 Whether the plaintiff in the counter claim is entitled to default judgment under Order 8 Rule 14(1) of the CPC

Ratio Decidendi

Since the counter claim exceeds one thousand shillings, the court cannot grant default judgment without ex parte proof. The plaintiff in the counter claim must provide ex parte proof against the defendants before judgment can be pronounced.

Court Disposition

Application for default judgment denied; order for ex parte proof granted.

Orders

  • Plaintiff in the counter claim to make ex parte proof against the defendants in the counter claim.