19820206 TZHC Dar es Salaam

19820206 TZHC Dar es Salaam

Negligence alone, without gross negligence or misconduct, should not bar restoration of a suit; the test is whether the party honestly intended to be present and did his best to do so.

Citation
19820206 TZHC Dar es Salaam
Parties
Appellant: Mwinyikondo; Respondent: Abdallah Mwinyimvua
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 February 1982
Procedural Posture
Civil Appeal / Appeal Against Refusal to Set Aside Ex Parte Decree
Outcome
appeal allowed
Legal Topics
Setting Aside Ex Parte Decree, Default Judgment, Restoration of Suit
Source Language
English
Civil Procedure Setting Aside Ex Parte Decree Default Judgment Restoration of Suit

Case Brief

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Parties

Mwinyikondo

Appellant

Abdallah Mwinyimvua

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal to Set Aside Ex Parte Decree

Legal Issues

  1. 1 Whether the lower court erred in refusing to set aside the ex parte decree against the appellant for non-appearance

Ratio Decidendi

Negligence alone, without gross negligence or misconduct, should not bar restoration of a suit; the test is whether the party honestly intended to be present and did his best to do so.

Court Disposition

appeal allowed

Orders

  • ex parte decree set aside
  • suit restored