19940804 TZHC Dar es Salaam

19940804 TZHC Dar es Salaam

The application to set aside the ex parte judgment was dismissed because the judgment was properly entered under Order 8 Rule 14(2) and not under Order 9 Rule 13(2); therefore, the defendant's application was misconceived and not tenable under the cited provisions.

Citation
19940804 TZHC Dar es Salaam
Parties
Plaintiff: Jormpit t/a Guesz House; Defendant: J. Lymange
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 August 1994
Procedural Posture
Civil Suit / Application to Set Aside Ex Parte Judgment
Outcome
application dismissed
Legal Topics
Ex Parte Judgment, Setting Aside Judgment, Failure to File Defence
Source Language
English
Civil Procedure Ex Parte Judgment Setting Aside Judgment Failure to File Defence

Case Brief

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Parties

Jormpit t/a Guesz House

Plaintiff

J. Lymange

Defendant

Procedural Posture

Civil Suit / Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the ex parte judgment entered against the defendant should be set aside
  2. 2 Whether the defendant's application under Order 9 Rule 13(2) and section 95 of the Civil Procedure Code is tenable

Ratio Decidendi

The application to set aside the ex parte judgment was dismissed because the judgment was properly entered under Order 8 Rule 14(2) and not under Order 9 Rule 13(2); therefore, the defendant's application was misconceived and not tenable under the cited provisions.

Court Disposition

application dismissed

Orders

  • Application to set aside ex parte judgment dismissed with costs to the plaintiff.