19890718 TZHC Dar es Salaam

19890718 TZHC Dar es Salaam

The appeal was dismissed because the appellant was not a proper party to the suit and thus lacked locus standi. Even if the right party had filed, the application would have been time-barred. The supporting affidavit was also found to be insufficient.

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

Case Brief

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Parties

Hermalaus Herman

Appellant

David Peter Sizya

Respondent

Procedural Posture

Civil Appeal / Ruling on Appeal

Legal Issues

  1. 1 Whether the appellant had locus standi to appeal against the ex parte judgment
  2. 2 Whether the appeal was filed within the prescribed time
  3. 3 Whether the ex parte judgment should be set aside

Ratio Decidendi

The appeal was dismissed because the appellant was not a proper party to the suit and thus lacked locus standi. Even if the right party had filed, the application would have been time-barred. The supporting affidavit was also found to be insufficient.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to the respondent