19830705 TZCA Dar es Salaam

The Court of Appeal lacks jurisdiction because the High Court made no ruling on the application to set aside its own ex-parte judgment; the purported order granting leave to appeal was a nullity as there was no application before the High Court for such an order.

Citation: 19830705 TZCA Dar es Salaam
Parties: Appellant: Mariam Simbira; Respondent: Saidi Hamisi
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 5 July 1983
Procedural Posture: Civil Appeal / Appeal From High Court Judgment
Outcome: appeal dismissed
Legal Topics: Ex Parte Judgment, Setting Aside Judgment, Jurisdiction, Leave to Appeal
Source Language: English

Civil Procedure Ex Parte Judgment Setting Aside Judgment Jurisdiction Leave to Appeal

Case Brief

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Parties

Mariam Simbira

Appellant

Saidi Hamisi

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

1 Whether the Court of Appeal has jurisdiction to entertain the appeal when the High Court made no ruling on the application to set aside its own ex-parte judgment
2 Whether it was competent for the High Court to grant leave to appeal to the Court of Appeal upon an application to set aside its own ex-parte judgment
3 Whether a judge other than the one who passed the ex-parte judgment can hear the application to set it aside

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Matter remitted to the High Court with direction to hear and determine the application to set aside its own ex-parte judgment on the same fee as already paid.