lim han yung another vs lucy treseas kristensen 2022 tzca 400 28 june 2022

lim han yung another vs lucy treseas kristensen 2022 tzca 400 28 june 2022

The appellants failed to show sufficient cause for not filing a written statement of defence; alleged concealment of a pending related case was not material or relevant to the ex parte proceedings, and the High Court's exercise of discretion in refusing to set aside the ex parte judgment was justified.

Citation
lim han yung another vs lucy treseas kristensen 2022 tzca 400 28 june 2022
Parties
Appellant: Lim Han Yung; Appellant: Lim Trading Company Ltd; Respondent: Lucy Traseas Kristensen
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 June 2022
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Ex Parte Judgment, Setting Aside Ex Parte Decree, Lease Agreement Breach, Procedural Default
Source Language
English
Civil Procedure Land Law Ex Parte Judgment Setting Aside Ex Parte Decree Lease Agreement Breach Procedural Default

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Parties

Lim Han Yung

Appellant

Lim Trading Company Ltd

Appellant

Lucy Traseas Kristensen

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the High Court erred in refusing to set aside the ex parte judgment in Land Case No. 45 of 2015
  2. 2 Whether alleged concealment of a pending related case justified setting aside the ex parte judgment
  3. 3 Whether failure to file a written statement of defence was excusable

Ratio Decidendi

The appellants failed to show sufficient cause for not filing a written statement of defence; alleged concealment of a pending related case was not material or relevant to the ex parte proceedings, and the High Court's exercise of discretion in refusing to set aside the ex parte judgment was justified.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs