godfrey michael vs fg flint graphs limited 2021 tzhc 7521 3 november 2021

godfrey michael vs fg flint graphs limited 2021 tzhc 7521 3 november 2021

The application was dismissed because the applicant failed to demonstrate that the proposed ground for appeal raised any novel or significant issue warranting the Court of Appeal's intervention, and the exercise of discretion by the High Court in setting aside the ex-parte order did not present a disturbing feature or question of general importance.

Citation
godfrey michael vs fg flint graphs limited 2021 tzhc 7521 3 november 2021
Parties
Applicant: Godfrey Michael; Respondent: FG Flint Graphs Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 November 2021
Procedural Posture
Misc. Civil Application / Ruling on Application for Leave to Appeal to Court of Appeal
Outcome
Application dismissed with costs
Legal Topics
Leave to Appeal, Appellate Jurisdiction, Setting Aside Ex Parte Decree, Discretion of Court
Source Language
English
Civil Procedure Leave to Appeal Appellate Jurisdiction Setting Aside Ex Parte Decree Discretion of Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Godfrey Michael

Applicant

FG Flint Graphs Limited

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient grounds for leave to appeal to the Court of Appeal
  2. 2 Whether the reasons for non-appearance constituted a serious judicial consideration warranting appellate intervention

Ratio Decidendi

The application was dismissed because the applicant failed to demonstrate that the proposed ground for appeal raised any novel or significant issue warranting the Court of Appeal's intervention, and the exercise of discretion by the High Court in setting aside the ex-parte order did not present a disturbing feature or question of general importance.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs