juvenari augustin vs sabas philipo 2022 tzhc 1078 22 april 2022

juvenari augustin vs sabas philipo 2022 tzhc 1078 22 april 2022

The District Court erred in setting aside the ex-parte judgment under Order VIII Rule 20(2) CPC, as that provision does not empower the court to set aside a judgment, and the application was filed out of the prescribed time limit, rendering it incompetent.

Citation
juvenari augustin vs sabas philipo 2022 tzhc 1078 22 april 2022
Parties
Appellant: Juvenari Augustin; Respondent: Sabas Philipo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 April 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Setting Aside Ex Parte Judgment, Application Out of Time, Order VIII Rule 20(2) CPC
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Application Out of Time Order VIII Rule 20(2) CPC

Case Brief

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Parties

Juvenari Augustin

Appellant

Sabas Philipo

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the District Court erred by setting aside the ex-parte judgment when the respondent did not specifically pray for that relief
  2. 2 Whether the application to set aside the order was filed out of time
  3. 3 Whether the trial court applied the correct legal provision in setting aside the ex-parte judgment

Ratio Decidendi

The District Court erred in setting aside the ex-parte judgment under Order VIII Rule 20(2) CPC, as that provision does not empower the court to set aside a judgment, and the application was filed out of the prescribed time limit, rendering it incompetent.

Court Disposition

appeal allowed

Orders

  • Ruling of the trial Court dated 8th June, 2020 set aside
  • Costs awarded to appellant