19950526 TZHC Dodoma

The District Court erred in entertaining the appeal against the ex parte judgment; the proper procedure was for the respondent to apply to the Primary Court to set aside the ex parte judgment.

Citation: 19950526 TZHC Dodoma
Parties: Appellant: Onary Mihable; Respondent: Ally Husein
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 26 May 1995
Procedural Posture: Civil Appeal / Second Appeal (high Court)
Outcome: Appeal allowed; District Court decision quashed and set aside.
Legal Topics: Ex Parte Judgment, Setting Aside Ex Parte Decision, Right of Appeal, Jurisdiction
Source Language: English

Civil Procedure Ex Parte Judgment Setting Aside Ex Parte Decision Right of Appeal Jurisdiction

Case Brief

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Parties

Onary Mihable

Appellant

Ally Husein

Respondent

Procedural Posture

Civil Appeal / Second Appeal (high Court)

Legal Issues

1 Whether the District Court was correct to entertain an appeal against an ex parte judgment instead of requiring an application to set aside the ex parte judgment in the Primary Court

Ratio Decidendi

The District Court erred in entertaining the appeal against the ex parte judgment; the proper procedure was for the respondent to apply to the Primary Court to set aside the ex parte judgment.

Court Disposition

Appeal allowed; District Court decision quashed and set aside.

Orders

District Court decision quashed and set aside
No order as to costs