19900116 TZHC Dar es Salaam

19900116 TZHC Dar es Salaam

The appellant had notice of the hearing but absented himself without good cause; the ex parte hearing and judgment were proper, and the technical irregularity did not occasion miscarriage of justice or prejudice the appellant.

Citation
19900116 TZHC Dar es Salaam
Parties
Respondent: Omari Jaza; Appellant: Not named (Appellant)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 January 1990
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Extension of Time, Ex Parte Judgment, Retrial, Notice of Hearing, Jurisdiction
Source Language
English
Civil Procedure Extension of Time Ex Parte Judgment Retrial Notice of Hearing Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Omari Jaza

Respondent

Not named (Appellant)

Appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was properly served with notice of hearing
  2. 2 Whether the Regional Rent Tribunal's action of allowing a fresh application occasioned miscarriage of justice
  3. 3 Whether the ex parte judgment was proper

Ratio Decidendi

The appellant had notice of the hearing but absented himself without good cause; the ex parte hearing and judgment were proper, and the technical irregularity did not occasion miscarriage of justice or prejudice the appellant.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent