endasak village council vs daniel bura 2018 tzhc 2252 13 november 2018

There was no evidence of proper service of summons on the appellant as required by law, and the person who filed the written statement of defense was not authorized to represent the appellant. Therefore, the ex parte judgment was improperly entered and must be set aside.

Citation: endasak village council vs daniel bura 2018 tzhc 2252 13 november 2018
Parties: Appellant: Endasak Village Council; Respondent: Daniel Bura
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 13 November 2018
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Ex Parte Judgment, Service of Summons, Local Government Law, Corporate Representation
Source Language: English

Civil Procedure Ex Parte Judgment Service of Summons Local Government Law Corporate Representation

Case Brief

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Parties

Endasak Village Council

Appellant

Daniel Bura

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether there was sufficient cause for setting aside the ex parte judgment
2 Whether service of summons on the appellant was duly effected according to law
3 Whether the person who filed the written statement of defense was authorized to represent the appellant

Ratio Decidendi

Court Disposition

appeal allowed

Orders

The ruling of the trial court refusing to set aside the dismissal order is reversed.
Order setting aside the ex parte judgment.