20101030 TZHC Dar es Salaam

20101030 TZHC Dar es Salaam

The applicant was duly served through substituted service in widely circulated newspapers, which is legally sufficient. The applicant failed to demonstrate any sufficient cause for non-appearance. The court has no jurisdiction to overrule its own order for substituted service. Therefore, the application to set aside the ex parte judgment is without merit.

Citation
20101030 TZHC Dar es Salaam
Parties
Applicant: LEKAM Investment Co. Ltd; 1st Respondent: The Registered Trustees of Al-Juuma Mosque; 2nd Respondent: The Administrator General; 3rd Respondent: Clement Kahabuka; 4th Respondent: Abdallah Ilamulira; 5th Respondent: Mamba Auction Mart and Court Broker
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 October 2010
Procedural Posture
Civil Revision / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Substituted Service, Jurisdiction, Proof of Service
Source Language
English
Civil Procedure Land Law Setting Aside Ex Parte Judgment Substituted Service Jurisdiction Proof of Service

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Parties

LEKAM Investment Co. Ltd

Applicant

The Registered Trustees of Al-Juuma Mosque

1st Respondent

The Administrator General

2nd Respondent

Clement Kahabuka

3rd Respondent

Abdallah Ilamulira

4th Respondent

Mamba Auction Mart and Court Broker

5th Respondent

Procedural Posture

Civil Revision / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the applicant was duly served with summons via substituted service
  2. 2 Whether the applicant was prevented by sufficient cause from appearing
  3. 3 Whether the court can overrule its own order for substituted service

Ratio Decidendi

The applicant was duly served through substituted service in widely circulated newspapers, which is legally sufficient. The applicant failed to demonstrate any sufficient cause for non-appearance. The court has no jurisdiction to overrule its own order for substituted service. Therefore, the application to set aside the ex parte judgment is without merit.

Court Disposition

Application dismissed with costs

Orders

  • Application to set aside ex parte judgment is dismissed
  • Applicant to pay costs