national housing corporation vs ettienes hotel 2017 tzca 229 31 may 2017

national housing corporation vs ettienes hotel 2017 tzca 229 31 may 2017

The trial court erred by not following the mandatory procedure under Order VIII Rule 14(2)(b) for claims exceeding one thousand shillings and by failing to compose a judgment as required by Order XX Rule 4; thus, the proceedings and order were quashed.

Citation
national housing corporation vs ettienes hotel 2017 tzca 229 31 may 2017
Parties
Appellant: National Housing Corporation; Respondent: Ettienes Hotel
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 May 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment/order
Outcome
Appeal allowed; trial court proceedings and order quashed; case remitted for hearing before another judge.
Legal Topics
Default Judgment, Counter Claim Procedure, Judgment Composition, Ex Parte Proceedings
Source Language
English
Civil Procedure Default Judgment Counter Claim Procedure Judgment Composition Ex Parte Proceedings

Case Brief

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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

National Housing Corporation

Appellant

Ettienes Hotel

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment/order

Legal Issues

  1. 1 Whether the trial court erred in granting judgment on the counter-claim without ex parte proof as required by law
  2. 2 Whether the trial court's order constituted a valid judgment under Order XX Rule 4 of the Civil Procedure Code

Ratio Decidendi

The trial court erred by not following the mandatory procedure under Order VIII Rule 14(2)(b) for claims exceeding one thousand shillings and by failing to compose a judgment as required by Order XX Rule 4; thus, the proceedings and order were quashed.

Court Disposition

Appeal allowed; trial court proceedings and order quashed; case remitted for hearing before another judge.

Orders

  • Proceedings of the trial court dated 7th September, 2000 quashed.
  • Case to proceed as it existed on 19th June, 2000 before another judge.