19890523 TZHC Mwanza

19890523 TZHC Mwanza

The applicants failed to demonstrate sufficient cause for their absence at the resumed hearing, and the judgment was not ex-parte but on the merits, thus the application to set aside was both meritless and incompetent.

Citation
19890523 TZHC Mwanza
Parties
Applicant: Makamba Muganya; Applicant: Suida Sehui; Respondent: Ibrahim Moremi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 May 1989
Procedural Posture
Civil Application / Ruling on Application to Set Aside Judgment
Outcome
application dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Sufficient Cause, Judgment on Merits
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Sufficient Cause Judgment on Merits

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Makamba Muganya

Applicant

Suida Sehui

Applicant

Ibrahim Moremi

Respondent

Procedural Posture

Civil Application / Ruling on Application to Set Aside Judgment

Legal Issues

  1. 1 Whether the applicants showed sufficient cause for non-appearance at the resumed hearing
  2. 2 Whether the judgment entered was ex-parte or on the merits

Ratio Decidendi

The applicants failed to demonstrate sufficient cause for their absence at the resumed hearing, and the judgment was not ex-parte but on the merits, thus the application to set aside was both meritless and incompetent.

Court Disposition

application dismissed with costs

Orders

  • Application dismissed
  • Costs awarded against applicants