hashi energy t limited vs khamis maganga 2022 tzca 517 26 august 2022
The appeal is incompetent because the appellant failed to exhaust the remedy of applying to set aside the default judgment at the High Court as required by rule 23(1) of the Commercial Division Rules.
- Citation
- hashi energy t limited vs khamis maganga 2022 tzca 517 26 august 2022
- Parties
- Appellant: Hashi Energy (T) Limited; Respondent: Khamis Maganga
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 26 August 2022
- Procedural Posture
- Civil Appeal / Preliminary Objection Ruling
- Outcome
- appeal struck out with costs
- Legal Topics
- Default Judgment, Appeal Competence, Exhaustion of Remedies
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 8
Parties
Hashi Energy (T) Limited
Appellant
Khamis Maganga
Respondent
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Legal Issues
- 1 Whether the appeal against the default judgment is competent without first applying to set aside the default judgment under rule 23(1) of the Commercial Division Rules
Ratio Decidendi
The appeal is incompetent because the appellant failed to exhaust the remedy of applying to set aside the default judgment at the High Court as required by rule 23(1) of the Commercial Division Rules.
Court Disposition
appeal struck out with costs
Orders
- Appeal struck out for incompetence due to failure to exhaust remedy under rule 23(1) of the Commercial Division Rules.
- Appellant to pay costs.
Full Case Text
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