20020425 TZHC Dr es Salaam
Default judgment entered without proof and without proper notice or opportunity to be heard is invalid and must be set aside.
- Citation
- 20020425 TZHC Dr es Salaam
- Parties
- Appellant: Diamond Motors Ltd; Respondent: Mohamed Bakari
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 25 April 2002
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Default Judgment, Ex Parte Proceedings, Service of Notice, Mediation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Diamond Motors Ltd
Appellant
Mohamed Bakari
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial magistrate erred in entering default judgment without proof
- 2 Whether the appellant was denied opportunity to be heard
- 3 Whether proper notice for mediation was served
Ratio Decidendi
Default judgment entered without proof and without proper notice or opportunity to be heard is invalid and must be set aside.
Court Disposition
appeal allowed
Orders
- Default judgment set aside
- Suit to be retried before another Resident Magistrate
Full Case Text
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