patric yesse 1

patric yesse 1

Substituted service was improperly ordered due to lack of proof that physical service was impossible; the trial court failed to address this issue, warranting setting aside the ex parte judgment and related orders.

Citation
patric yesse 1
Parties
Appellant: Patrick Yesse also known as Patrick Peter Msuya; Appellant: Dar Active Limited; Respondent: Happiness W. Seneda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
ex parte judgment and related orders set aside; case remitted for proper service and hearing
Legal Topics
Ex Parte Judgment, Substituted Service, Setting Aside Judgment, Breach of Contract, Damages
Source Language
English
Civil Procedure Contract Law Ex Parte Judgment Substituted Service Setting Aside Judgment Breach of Contract Damages

Case Brief

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Parties

Patrick Yesse also known as Patrick Peter Msuya

Appellant

Dar Active Limited

Appellant

Happiness W. Seneda

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the ex parte judgment was tainted with illegalities
  2. 2 Whether substituted service was properly ordered
  3. 3 Whether specific and general damages were properly pleaded and proved

Ratio Decidendi

Substituted service was improperly ordered due to lack of proof that physical service was impossible; the trial court failed to address this issue, warranting setting aside the ex parte judgment and related orders.

Court Disposition

ex parte judgment and related orders set aside; case remitted for proper service and hearing

Orders

  • Ex parte judgment delivered on 20/6/2022 set aside
  • Order for ex parte hearing made on 16/2/2022 set aside