frank daniel ta mkalimoto grocery vs tanzania breweries limited 2016 tzca 769 9 march 2016

frank daniel ta mkalimoto grocery vs tanzania breweries limited 2016 tzca 769 9 march 2016

The High Court judge erred in law by refusing to determine the application to set aside the ex parte judgment on merit, as the court had jurisdiction under Order IX Rule 13 to entertain such an application.

Citation
frank daniel ta mkalimoto grocery vs tanzania breweries limited 2016 tzca 769 9 march 2016
Parties
Appellant: Frank Daniel t/a Mkalimoto Grocery; Respondent: Tanzania Breweries Limited
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 March 2016
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing to Set Aside Ex Parte Judgment
Outcome
Appeal allowed
Legal Topics
Ex Parte Judgment, Substituted Service, Jurisdiction to Set Aside Ex Parte Decree
Source Language
English
Civil Procedure Ex Parte Judgment Substituted Service Jurisdiction to Set Aside Ex Parte Decree

Case Brief

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Parties

Frank Daniel t/a Mkalimoto Grocery

Appellant

Tanzania Breweries Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the High Court judge erred in refusing to determine the application to set aside the ex parte judgment on merit
  2. 2 Whether the trial court had jurisdiction to set aside its own ex parte decree under Order IX Rule 13 of the Civil Procedure Code

Ratio Decidendi

The High Court judge erred in law by refusing to determine the application to set aside the ex parte judgment on merit, as the court had jurisdiction under Order IX Rule 13 to entertain such an application.

Court Disposition

Appeal allowed

Orders

  • The chamber application to set aside the ex parte judgment is to be heard and determined on merit by the High Court
  • Costs awarded to the appellant