20010810 TZHC Moshi

20010810 TZHC Moshi

The ex parte judgment was set aside because the applicant was not duly served and there were genuine attempts to settle the matter out of court.

Citation
20010810 TZHC Moshi
Parties
Applicant: Dr. Tenga; Respondent: Ng'maryo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 August 2001
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application granted
Legal Topics
Ex Parte Judgment, Service of Process, Out of Court Settlement, Setting Aside Judgment
Source Language
English
Civil Procedure Ex Parte Judgment Service of Process Out of Court Settlement Setting Aside Judgment

Case Brief

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Parties

Dr. Tenga

Applicant

Ng'maryo

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant was duly served before the ex parte judgment was entered
  2. 2 Whether genuine attempts to settle out of court justify setting aside an ex parte judgment

Ratio Decidendi

The ex parte judgment was set aside because the applicant was not duly served and there were genuine attempts to settle the matter out of court.

Court Disposition

Application granted

Orders

  • Ex parte judgment set aside
  • Suit to be heard on its merits