hohn lessa vs zamcargo limited and another 1994 tzca 63 2 february 1994

hohn lessa vs zamcargo limited and another 1994 tzca 63 2 february 1994

The High Court erred in finding that the written statement of defence was filed within the prescribed time; evidence showed it was not filed as claimed, and the appellant was entitled to an order under Order 8 Rule of the Civil Procedure Code.

Citation
hohn lessa vs zamcargo limited and another 1994 tzca 63 2 february 1994
Parties
Appellant: John Lsssa; Respondent: Zamcargo Limited; Respondent: Jonas Mmari
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 February 1994
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; High Court ruling set aside; matter remitted to High Court for necessary order under Order 8 Rule of the Civil Procedure Code.
Legal Topics
Default Judgment, Filing of Written Statement of Defence, Court Orders, Misconduct by Counsel
Source Language
English
Civil Procedure Default Judgment Filing of Written Statement of Defence Court Orders Misconduct by Counsel

Case Brief

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Parties

John Lsssa

Appellant

Zamcargo Limited

Respondent

Jonas Mmari

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the written statement of defence was filed within the prescribed time
  2. 2 Whether the High Court erred in refusing to enter judgment for the appellant due to respondents' default

Ratio Decidendi

The High Court erred in finding that the written statement of defence was filed within the prescribed time; evidence showed it was not filed as claimed, and the appellant was entitled to an order under Order 8 Rule of the Civil Procedure Code.

Court Disposition

Appeal allowed; High Court ruling set aside; matter remitted to High Court for necessary order under Order 8 Rule of the Civil Procedure Code.

Orders

  • High Court to proceed to make necessary order/direction under Order 8 Rule of the Civil Procedure Code
  • Appellant awarded costs of the appeal