ignazio messina and another vs willow investment ltd and another 2002 tzca 9 21 june 2002

ignazio messina and another vs willow investment ltd and another 2002 tzca 9 21 june 2002

The High Court judge erred by prematurely converting the matter to ex parte proof by affidavit without following the full mediation and pre-trial procedures mandated by the Civil Procedure Code and Government Notice No. 422 of 1994. The procedure adopted was faulty and improper, warranting the setting aside of the judgment and remitting the matter for proper continuation.

Citation
ignazio messina and another vs willow investment ltd and another 2002 tzca 9 21 june 2002
Parties
Appellant: Ignazio Messina; Appellant: National Shipping Agencies Company Ltd.; Respondent: Willow Investments Ltd.; Respondent: Costa Shinganya
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
21 June 2002
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Decree
Outcome
appeal allowed
Legal Topics
Mediation, Alternative Dispute Resolution, Ex Parte Judgment, Procedural Impropriety
Source Language
English
Civil Procedure Mediation Alternative Dispute Resolution Ex Parte Judgment Procedural Impropriety

Case Brief

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Parties

Ignazio Messina

Appellant

National Shipping Agencies Company Ltd.

Appellant

Willow Investments Ltd.

Respondent

Costa Shinganya

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Decree

Legal Issues

  1. 1 Whether the High Court judge erred in converting the matter to ex parte proof by affidavit after mediation failed
  2. 2 Whether the procedure adopted on 17th November, 1998 was proper under the Civil Procedure Code and relevant rules

Ratio Decidendi

The High Court judge erred by prematurely converting the matter to ex parte proof by affidavit without following the full mediation and pre-trial procedures mandated by the Civil Procedure Code and Government Notice No. 422 of 1994. The procedure adopted was faulty and improper, warranting the setting aside of the judgment and remitting the matter for proper continuation.

Court Disposition

appeal allowed

Orders

  • Judgment of 19th November, 1998 set aside
  • Matter remitted to the High Court for continuation by way of mediation from the point mediation failed