19760304 TZHC Tabora

19760304 TZHC Tabora

The failure to serve the appellant with the hearing notice constituted sufficient cause to set aside the ex-parte judgment and ruling.

Citation
19760304 TZHC Tabora
Parties
Appellant: Edward Nsangizya; Respondent: Pudesiana d/o Adriano
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 March 1976
Procedural Posture
Matrimonial Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Ex Parte Judgment, Setting Aside Ex Parte Orders, Service of Process
Source Language
English
Civil Procedure Family Law Ex Parte Judgment Setting Aside Ex Parte Orders Service of Process

Case Brief

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Parties

Edward Nsangizya

Appellant

Pudesiana d/o Adriano

Respondent

Procedural Posture

Matrimonial Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the ex-parte judgment against the appellant should be set aside due to lack of proper service of hearing notice.

Ratio Decidendi

The failure to serve the appellant with the hearing notice constituted sufficient cause to set aside the ex-parte judgment and ruling.

Court Disposition

appeal allowed

Orders

  • Ruling and ex-parte judgment set aside
  • Petition remanded for trial