john lessa vs zamcargo limited and another 1999 tzca 14 7 september 1999

The High Court erred in finding that the written statement of defence was filed within time; evidence showed it was not, and the purported filing date was a forgery. The matter is remitted to the High Court to make the necessary order under Order 8 Rule 14 of the Civil Procedure Code.

Citation: john lessa vs zamcargo limited and another 1999 tzca 14 7 september 1999
Parties: Appellant: John Lissa; Respondent: Zamcargo Limited; Respondent: Jonas Mmari
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 7 September 1999
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Default Judgment, Filing of Written Statement of Defence, Misconduct by Counsel
Source Language: English

Civil Procedure Default Judgment Filing of Written Statement of Defence Misconduct by Counsel

Case Brief

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Parties

John Lissa

Appellant

Zamcargo Limited

Respondent

Jonas Mmari

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the written statement of defence was filed within the prescribed time
2 Whether the High Court erred in refusing to enter judgment for the plaintiff/appellant after the respondents failed to file a written statement of defence

Ratio Decidendi

Court Disposition

appeal allowed

Orders

High Court ruling set aside
Matter remitted to High Court to proceed under Order 8 Rule 14 of the Civil Procedure Code