20090929 TZHC Arusha

20090929 TZHC Arusha

Substituted service by publication in a Tanzanian newspaper was not proper service to a party residing in Ethiopia where the newspaper was not in circulation. The applicant showed sufficient cause for not appearing, and was entitled to extension of time and leave to set aside the ex parte judgment. The combination...

Source-derived case information.

Citation
20090929 TZHC Arusha
Parties
Applicant: Mr. Engda W. Desta; Respondent: Mrs. Almas Tewolde Desta
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2009
Procedural Posture
Misc. Civil Application / Ruling on Application for Extension of Time and Leave to Set Aside Ex Parte Judgment
Outcome
Application allowed
Legal Topics
Extension of Time, Setting Aside Ex Parte Judgment, Service of Process, Substituted Service, Matrimonial Proceedings
Source Language
english
Civil Procedure Family Law Extension of Time Setting Aside Ex Parte Judgment Service of Process Substituted Service Matrimonial Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Mr. Engda W. Desta

Applicant

Mrs. Almas Tewolde Desta

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application for Extension of Time and Leave to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether substituted service by publication in a local Tanzanian newspaper constituted proper service to a party residing in Ethiopia
  2. 2 Whether sufficient cause was shown for extension of time to set aside the ex parte judgment
  3. 3 Whether the applicant was entitled to exclusion of time spent outside the jurisdiction under the Law of Limitation Act

Ratio Decidendi

Substituted service by publication in a Tanzanian newspaper was not proper service to a party residing in Ethiopia where the newspaper was not in circulation. The applicant showed sufficient cause for not appearing, and was entitled to extension of time and leave to set aside the ex parte judgment. The combination of prayers in the application was proper to avoid multiplicity of proceedings.

Court Disposition

Application allowed

Orders

  • Extension of time granted to apply to set aside ex parte judgment in Civil Appeal No. 12 of 2004
  • Leave granted to re-hear Civil Appeal No. 12 of 2004