Download PDF

Tanzania Judgment

TZHC

19990603 TZHC Dar es Salaam

On this page

Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Judgment entered for the plaintiff as the defendant was duly served by publication and failed to file a written statement of defence.

Court disposition

Judgment for plaintiff on items (1)(c), (d), and (e) as filed in the plaint.

Orders

  • Judgment entered for the plaintiff for items (1)(c), (d), and (e) only as filed in the plaint.

02

Material facts

Parties

Judith August Matunda

Plaintiff Counsel: Mr. Maira

Felicia Angela Heyburgh

Defendant

03

Procedural history

  1. Posture

    Civil / Judgment on Default for Failure to File Defence

04

Questions and positions

Legal issues

Whether judgment should be entered for plaintiff due to defendant's failure to file defence after service by publication

Party arguments

Applicant
Plaintiff, through counsel, requested judgment in her favour as the defendant failed to file a written statement of defence after being duly served by publication.
Respondent
No argument presented; defendant did not appear or file defence.

05

Court’s reasoning

  1. 01

    Civil Procedure Rules

    Judgment may be entered for the plaintiff when the defendant fails to file a defence after proper service.

06

Ratio, limits and disposition

Ratio decidendi

Judgment entered for the plaintiff as the defendant was duly served by publication and failed to file a written statement of defence.

Court disposition

Judgment for plaintiff on items (1)(c), (d), and (e) as filed in the plaint.

  • Judgment entered for the plaintiff for items (1)(c), (d), and (e) only as filed in the plaint.

Source and reliance status

TZHC · 3 June 1999

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

TZHC

Judgment· 3 June 1999

19990603 TZHC Dar es Salaam

IN THE HIGH COURT OF TANZANIA DAR ES SALAAM DISTRICT REGISTRY. , 'AT DAR ES SALAAM ,. ;,I ~ ---- / CIVIL CASE NO .324 OF 1997 .. JUDITH AUGUST MATUNDA APPLICANT/PLAINTIFF

VERSUS FELICIA ANGELA HEYBURGH •••• ~ ••. RESPONDENT J u ~) G -M 1LJL! ~HI.,_l: ~ 0~ 27 /4/99, Mr. Maira advocating for. the plaintj_:(:f prayed for juc'i q;ment to be entered in favour of his client, against the deiendant for failure to file her written stafment of defence. The defendant was duly served through publication on 26/5/98. •· · In the premises judgement is hereby entered for ~· ..,. .·. - ·. '" i • . the plaintifr'; again'st the plaint-iff for' i terns (1) ( c) (d) and (e) ·only as .filed Jn th~: plai~t. ·. 0 A.G •. BUBESHI ,-::,-• . ...., ' . , ... 'JjJDGE 3/6/99. --' ,,. ~ __ _ . ,. .,:: ' ....,>.. .. , ... , . "' ~ t. : - ,... .!'>' ; ' ..... • :- ...., . • ..,I:' • ....... .;. .ol. -4 . r·. . ~ , ,J : ... · . "' ·1.-... .,. ·: :' ~~ : ' '· '·" . I . 3 ... <~-:; .. l ,t ,'

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Civil Procedure Rules

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.