19810623 TZHC Dar es Salaam2

19810623 TZHC Dar es Salaam2

The court found the appellant's claim of lack of notice unconvincing, holding that the lower court was justified in refusing to set aside the ex parte judgment as the appellant failed to provide credible reasons for his absence.

Citation
19810623 TZHC Dar es Salaam2
Parties
Appellant: Method Katembo; Respondent: Mnaenu Ramadhani
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 June 1981
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Ex Parte Judgment, Setting Aside Ex Parte Judgment, Service of Hearing Notice, Eviction, Arrears of Rent
Source Language
English
Civil Procedure Ex Parte Judgment Setting Aside Ex Parte Judgment Service of Hearing Notice Eviction Arrears of Rent

Case Brief

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Parties

Method Katembo

Appellant

Mnaenu Ramadhani

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was properly served with notice of hearing date
  2. 2 Whether the lower court was justified in refusing to set aside the ex parte judgment

Ratio Decidendi

The court found the appellant's claim of lack of notice unconvincing, holding that the lower court was justified in refusing to set aside the ex parte judgment as the appellant failed to provide credible reasons for his absence.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs