20181025 TZHC Mwanza

20181025 TZHC Mwanza

The appellant and co-respondents should have applied to set aside the ex-parte judgment at the trial tribunal, not appealed directly; the trial tribunal rightly entered ex-parte judgment due to non-appearance after closure of respondent's case.

Citation
20181025 TZHC Mwanza
Parties
Appellant: Makunja John; Respondent: Nyamagere Paulo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 October 2018
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
matter remitted to trial tribunal
Legal Topics
Ex Parte Judgment, Setting Aside Ex Parte Decree, Public Auction, Matrimonial Property
Source Language
English
Land Law Civil Procedure Ex Parte Judgment Setting Aside Ex Parte Decree Public Auction Matrimonial Property

Case Brief

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Parties

Makunja John

Appellant

Nyamagere Paulo

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial tribunal erred in entering ex-parte judgment
  2. 2 Whether the appellant had sufficient cause for non-appearance
  3. 3 Whether the property sold was matrimonial property

Ratio Decidendi

The appellant and co-respondents should have applied to set aside the ex-parte judgment at the trial tribunal, not appealed directly; the trial tribunal rightly entered ex-parte judgment due to non-appearance after closure of respondent's case.

Court Disposition

matter remitted to trial tribunal

Orders

  • Appellant and co-respondents may file application to set aside ex-parte judgment within fourteen days from date of order
  • Each party to bear own costs