19990603 TZHC Dar es Salaam
- Citation
- 19990603 TZHC Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 3 June 1999
- Posture
- Civil / Judgment on Default for Failure to File Defence
- Language
- English
More details
- Court
- TZHC
- Decision
- 3 June 1999
- Posture
- Civil / Judgment on Default for Failure to File Defence
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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. MairaFelicia Angela Heyburgh
Defendant03
Procedural history
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
Legal principles
- 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
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 3 June 1999
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 ,'
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