19960508 TZHC Dar es Salaam

19960508 TZHC Dar es Salaam

The court found that, despite defects in affidavits and some negligence by previous counsel, the illness of counsel was genuine and justified setting aside the ex parte judgment. The matter should be heard inter partes to resolve substantive issues of law and fact.

Citation
19960508 TZHC Dar es Salaam
Parties
Appellant: George Kilawa; Respondent: Respondents (not individually named)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 May 1996
Procedural Posture
Civil Appeal / Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Setting Aside Ex Parte Judgment, Affidavit Defects, Negligence of Counsel
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Affidavit Defects Negligence of Counsel

Case Brief

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Parties

George Kilawa

Appellant

Respondents (not individually named)

Respondent

Procedural Posture

Civil Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the lower court erred in setting aside the ex parte judgment
  2. 2 Whether affidavits relied upon were defective
  3. 3 Whether negligence of counsel constitutes sufficient cause to set aside ex parte judgment

Ratio Decidendi

The court found that, despite defects in affidavits and some negligence by previous counsel, the illness of counsel was genuine and justified setting aside the ex parte judgment. The matter should be heard inter partes to resolve substantive issues of law and fact.

Court Disposition

appeal dismissed

Orders

  • Case remitted to lower court for hearing inter partes
  • No order as to costs