kiwengwa limited vs alopi tour world hotels resort spa others 2022 tzca 366 14 june 2022

kiwengwa limited vs alopi tour world hotels resort spa others 2022 tzca 366 14 june 2022

The High Court erred by refusing to set aside the ex parte judgment without proof of proper service of summons on the appellant; the trial court failed to exercise its discretion properly by not considering the lack of proof of service and the premature order for ex parte hearing.

Citation
kiwengwa limited vs alopi tour world hotels resort spa others 2022 tzca 366 14 june 2022
Parties
Appellant: Kiwengwa Limited; 1st Respondent: Alopi Tour World Hotels and Resort Spa; 2nd Respondent: Kiwengwa Strand Hotel Limited; 3rd Respondent: Jumbo Turismo S.A.
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
14 June 2022
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Ex Parte Judgment, Setting Aside Ex Parte Decree, Service of Summons, Exercise of Judicial Discretion
Source Language
English
Civil Procedure Ex Parte Judgment Setting Aside Ex Parte Decree Service of Summons Exercise of Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Kiwengwa Limited

Appellant

Alopi Tour World Hotels and Resort Spa

1st Respondent

Kiwengwa Strand Hotel Limited

2nd Respondent

Jumbo Turismo S.A.

3rd Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the High Court properly exercised its discretion in refusing to set aside the ex parte judgment
  2. 2 Whether there was sufficient proof of service of summons on the appellant before the ex parte hearing

Ratio Decidendi

The High Court erred by refusing to set aside the ex parte judgment without proof of proper service of summons on the appellant; the trial court failed to exercise its discretion properly by not considering the lack of proof of service and the premature order for ex parte hearing.

Court Disposition

appeal allowed

Orders

  • High Court decision refusing to set aside ex parte judgment quashed
  • Civil Application No. 24 of 2016 granted