PANGEA MINERALS LTD VS PETROFUEL T

PANGEA MINERALS LTD VS PETROFUEL T

The appeal and cross appeal are incompetent as the appellants failed to exhaust the remedy of applying to set aside the ex parte judgment in the High Court before appealing, as required by Order IX rule 13 of the Civil Procedure Code and established case law.

Citation
PANGEA MINERALS LTD VS PETROFUEL T
Parties
Appellant: Pangea Minerals Ltd; 1st Respondent: Petrofuel (T) Limited; 2nd Respondent: Power Roads (T) Limited; 3rd Respondent: Lycopodium Tanzania Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection
Outcome
Appeal and cross appeal struck out with costs
Legal Topics
Ex Parte Judgment, Appeal Procedure, Setting Aside Ex Parte Decree, Preliminary Objection
Source Language
English
Civil Procedure Ex Parte Judgment Appeal Procedure Setting Aside Ex Parte Decree Preliminary Objection

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Parties

Pangea Minerals Ltd

Appellant

Petrofuel (T) Limited

1st Respondent

Power Roads (T) Limited

2nd Respondent

Lycopodium Tanzania Limited

3rd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether an appeal lies against an ex parte judgment before exhausting the remedy of setting aside the judgment in the trial court
  2. 2 Whether the appeal and cross appeal are competent in light of Order IX rule 13 of the Civil Procedure Code

Ratio Decidendi

The appeal and cross appeal are incompetent as the appellants failed to exhaust the remedy of applying to set aside the ex parte judgment in the High Court before appealing, as required by Order IX rule 13 of the Civil Procedure Code and established case law.

Court Disposition

Appeal and cross appeal struck out with costs

Orders

  • The appeal and cross appeal are struck out with costs.