matid ngoda vs ubwa msiyu ubwa 2000 tzhc 23 19 september 2000

The ex parte judgment was set aside because the appellant was not properly served and the judgment was obtained through fraud by impersonation in court.

Citation: matid ngoda vs ubwa msiyu ubwa 2000 tzhc 23 19 september 2000
Parties: Appellant: Matid Ngoda; Respondent: Ubwa Msiyu Ubwa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 19 September 2000
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Ex Parte Judgment, Extension of Time, Service of Process, Fraud on the Court
Source Language: English

Civil Procedure Ex Parte Judgment Extension of Time Service of Process Fraud on the Court

Case Brief

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Parties

Matid Ngoda

Appellant

Ubwa Msiyu Ubwa

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the appellant was properly served with summons before the ex parte judgment
2 Whether there was sufficient cause to grant extension of time to set aside the ex parte judgment
3 Whether the ex parte judgment was obtained by fraud

Ratio Decidendi

The ex parte judgment was set aside because the appellant was not properly served and the judgment was obtained through fraud by impersonation in court.

Court Disposition

appeal allowed

Orders

Ex parte judgment dated 27/3/1997 set aside
Costs awarded to appellant