moshi vs mkisi 2003 tzhc 3 1 march 2003

The District Court erred in law by failing to hear the defendant's application for unconditional leave to defend before ordering the filing of a written statement of defence and entering judgment for the plaintiff. The subsequent refusal to set aside the judgment was also erroneous.

Citation: moshi vs mkisi 2003 tzhc 3 1 march 2003
Parties: Advocate for Appellant: Mr. Ngalo; Respondent: Mr. Edeon J.S. Mkisi
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 1 March 2003
Procedural Posture: Civil Appeal / Appeal Against District Court Order Entering Summary Judgment and Refusal to Set Aside
Outcome: Appeal allowed
Legal Topics: Summary Suits, Setting Aside Ex Parte Judgment, Right to Be Heard
Source Language: English

Civil Procedure Summary Suits Setting Aside Ex Parte Judgment Right to Be Heard

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Parties

Mr. Ngalo

Advocate for Appellant

Mr. Edeon J.S. Mkisi

Respondent

Procedural Posture

Civil Appeal / Appeal Against District Court Order Entering Summary Judgment and Refusal to Set Aside

Legal Issues

1 Whether the District Court erred in entering judgment for the plaintiff on a mention date without hearing the defendant's application for leave to defend
2 Whether the refusal to set aside the judgment was proper

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order of 14th June 2002 set aside
Case file to be returned to District Court of Ilala for hearing of the defendant's application for leave to defend and further proceedings according to law