20010810 TZHC Moshi

i' IN THE HIGH com~:T OF' TAN7,.ANIA

AT MOSHI ---·•·- MifC.CIVIL APPLICATION NO. 87 OF 2000 ( C/F CIVII, C",BT~ NO. 12 OF' 1999 fc) . (MISC.CIVII, £.:PPL.NO. 86 OF 2000) 7V. TJ'Q\tIN-c n L1<"1v.·, ) = nJ."' - l J l Jo u... . ' "' ,~,,1rcls.··r·TT ) o • o • • ,., ol-i.1'.r.-- , V ( t/a 1U. E.SPl-tDGM) J

VERSUS

RUL I NG This is an application to set aside ~n ~--~~ jU(t~ent entered ac;ainst the applicant by this court on 27/9/2C)00o On scrutiny of the record it show· as follows: ... ::nate: 23/8/2000 Corarn L. :::3. Mchcme, J • Plaintiff: Ng'maryo Defendant: libsent Mary Mrenn Hearinc on 14/9/20COo JUDGli:, 23/8/2000 14/9/20CO Coram L. D. Mchome, J. Plaintiff: Dr. Tenga Defen 1lant: Absent It is clear the or:ler for~ paE_te prcof was made when the applicant absent and not duly served. He was present last on 7/3/2CKiO when the hear:i' date of 3/5/2000 was fixed. :uut thc-?n the respon,!ent di.:l not ask tu proceec~ .~x parte. It is recorded that the respondent requested that tbe r:.atter be adjourned., There is no evidence of the a1..-plicant 1 s presence frOi,1 7/3/2000 tc 14/9/2000. So the applicant was not duly served. oeco.-,o/2 2/- The applica11t also states that there were attempts by the parties to set this matter out of court. The respondent does not deny thiso He only blarnesthe applicant for lack of s2riousness on that., If the parties a.re attemptinc to settle a matter out of court the courts ouc:ht to Ei ve them all the necessary encouragement so that the suits t•1ay be settled a11ica.Lly. Genuine efforts to Gettle tbc, matter out of cc:urt should be one of the reasons for settinc aside an ::.,~~~,! jlL'.[!i"B.l'.it For these reasons this ar,plicaticn tc set aside the ex parte jw:\JJent "'·····----·- . is ;~rantedo The suit is to be hear 1 en its 1Jeritz. Es.ch rs.:,ty to bear its own costs in this applicat:i.o!l.., JUDGE~ 10/8/2001 Delivered this 10tb. d.'.ly of Au.:::ust, 2001 in the presence of the ar,plicaIJ-z 10/8/2001