20090505 TZHC Dar es Salaam

20090505 TZHC Dar es Salaam

There was no error on the face of the record; the ex parte judgment resulted from the applicant's own fault in ceasing to attend court and failing to move for joinder of the proper party. Revision is not warranted.

Citation
20090505 TZHC Dar es Salaam
Parties
Applicant: Ismail Mrutu; Applicant: Shabaha Transport Co.; Respondent: Bernard Kirei
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 May 2009
Procedural Posture
Civil Revision / Ruling
Outcome
application dismissed
Legal Topics
Revision, Ex Parte Judgment, Non Joinder of Parties
Source Language
English
Civil Procedure Revision Ex Parte Judgment Non Joinder of Parties

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Parties

Ismail Mrutu

Applicant

Shabaha Transport Co.

Applicant

Bernard Kirei

Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

  1. 1 Whether there was an error on the face of the record warranting revision
  2. 2 Whether non-joinder of SAAB Scania Tanzania Branch justified revision
  3. 3 Whether the trial court erred in entering ex parte judgment

Ratio Decidendi

There was no error on the face of the record; the ex parte judgment resulted from the applicant's own fault in ceasing to attend court and failing to move for joinder of the proper party. Revision is not warranted.

Court Disposition

application dismissed

Orders

  • Each party to bear its own costs