nishati plus limited vs nice catering co ltd 2023 tzca 17660 27 september 2023
The omission by the successor judge to assign reasons for taking over the matter did not offend Order XVIII rule 10 (1) of the Civil Procedure Code, as no evidence had been recorded by the predecessor judge and no prejudice was occasioned to the appellant.
- Citation
- nishati plus limited vs nice catering co ltd 2023 tzca 17660 27 september 2023
- Parties
- Appellant: Nishati Plus Limited; Respondent: Nice Catering Co. Ltd
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 September 2023
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Successor Judge Assignment, Default Judgment, Prejudice From Procedural Omission
- Source Language
- English
Case Brief
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Parties
Nishati Plus Limited
Appellant
Nice Catering Co. Ltd
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the successor judge's failure to assign reasons for taking over the case was fatal and prejudicial under Order XVIII rule 10 (1) of the Civil Procedure Code
Ratio Decidendi
The omission by the successor judge to assign reasons for taking over the matter did not offend Order XVIII rule 10 (1) of the Civil Procedure Code, as no evidence had been recorded by the predecessor judge and no prejudice was occasioned to the appellant.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
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