19890718 TZHC Dar es Salaam

19890718 TZHC Dar es Salaam

The appeal was dismissed because the appellant was not a party to the original suit and thus lacked locus standi, and even if the right party had appealed, the application would have been out of time.

Citation
19890718 TZHC Dar es Salaam
Parties
Appellant: Hemalaus Herman; Respondent: David Peter Sizya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 July 1989
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Locus Standi, Setting Aside Ex Parte Judgment, Limitation Period, Execution of Judgment
Source Language
English
Civil Procedure Locus Standi Setting Aside Ex Parte Judgment Limitation Period Execution of Judgment

Case Brief

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Parties

Hemalaus Herman

Appellant

David Peter Sizya

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant had locus standi to appeal or seek to set aside the ex parte judgment
  2. 2 Whether the application to set aside the ex parte judgment was time-barred

Ratio Decidendi

The appeal was dismissed because the appellant was not a party to the original suit and thus lacked locus standi, and even if the right party had appealed, the application would have been out of time.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.