19940520 TZHC Dodoma

19940520 TZHC Dodoma

The ex parte judgment was improperly entered because the summons was not accompanied by a copy of the plaint, and the applicant had sufficient cause for non-appearance due to illness. The trial magistrate erred in refusing to set aside the ex parte judgment.

Citation
19940520 TZHC Dodoma
Parties
Appellant: George Henrikujee; Respondent: Charles F. Katwiluju
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 May 1994
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Ex Parte Judgment, Setting Aside Ex Parte Judgment, Service of Summons
Source Language
English
Civil Procedure Ex Parte Judgment Setting Aside Ex Parte Judgment Service of Summons

Case Brief

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Parties

George Henrikujee

Appellant

Charles F. Katwiluju

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the ex parte judgment should be set aside
  2. 2 Whether proper service of summons was effected

Ratio Decidendi

The ex parte judgment was improperly entered because the summons was not accompanied by a copy of the plaint, and the applicant had sufficient cause for non-appearance due to illness. The trial magistrate erred in refusing to set aside the ex parte judgment.

Court Disposition

appeal allowed

Orders

  • Ex parte judgment of the District Court is set aside
  • District Court to proceed to hearing of the suit