20050517 TZHC Dar es Salaam

20050517 TZHC Dar es Salaam

The trial court erred by entering judgment without requiring ex parte proof as mandated by Order VIII Rule 14(2)(b) of the Civil Procedure Code, 1966, since the claim exceeded one thousand shillings.

Citation
20050517 TZHC Dar es Salaam
Parties
Appellant: Hima Investment Ltd; Respondent: Omar Noor Siyad
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 May 2005
Procedural Posture
Civil Appeal / Judgment on Appeal From District Court
Outcome
Appeal allowed to the extent that the judgment of the subordinate court is quashed and set aside; case remitted for ex parte proof before another magistrate.
Legal Topics
Default Judgment, Ex Parte Proof, Failure to File Defence, Order VIII Rule 14 CPC
Source Language
English
Civil Procedure Default Judgment Ex Parte Proof Failure to File Defence Order VIII Rule 14 CPC

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Hima Investment Ltd

Appellant

Omar Noor Siyad

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the trial court erred in entering judgment without ex parte proof when the defendant failed to file a written statement of defence
  2. 2 Proper application of Order VIII Rule 14 of the Civil Procedure Code, 1966

Ratio Decidendi

The trial court erred by entering judgment without requiring ex parte proof as mandated by Order VIII Rule 14(2)(b) of the Civil Procedure Code, 1966, since the claim exceeded one thousand shillings.

Court Disposition

Appeal allowed to the extent that the judgment of the subordinate court is quashed and set aside; case remitted for ex parte proof before another magistrate.

Orders

  • Judgment of the subordinate court quashed and set aside.
  • Respondent to prove claims ex parte under Order VIII Rule 14(2)(b) before another magistrate of competent jurisdiction.