19960508 TZHC Arusha

19960508 TZHC Arusha

The trial and decision of the suit by a judge not assigned the case was a violation of mandatory procedural rules, rendering the proceedings and resultant judgment legally ineffective. The court's inherent powers under section 95 of the Civil Procedure Code, 1966, were properly invoked to set aside the ex parte judgment to do justice and prevent abuse of process.

Citation
19960508 TZHC Arusha
Parties
Applicant: Pharmaceutical Industries Ltd; Respondent: Philip Construction & Transport Company Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 May 1996
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application granted
Legal Topics
Assignment of Cases, Jurisdiction, Ex Parte Judgment, Inherent Powers of the Court
Source Language
English
Civil Procedure Assignment of Cases Jurisdiction Ex Parte Judgment Inherent Powers of the Court

Case Brief

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Parties

Pharmaceutical Industries Ltd

Applicant

Philip Construction & Transport Company Ltd

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the ex parte judgment delivered by a judge not assigned the case was valid
  2. 2 Whether section 95 of the Civil Procedure Code, 1966 could be invoked to set aside the judgment

Ratio Decidendi

The trial and decision of the suit by a judge not assigned the case was a violation of mandatory procedural rules, rendering the proceedings and resultant judgment legally ineffective. The court's inherent powers under section 95 of the Civil Procedure Code, 1966, were properly invoked to set aside the ex parte judgment to do justice and prevent abuse of process.

Court Disposition

Application granted

Orders

  • Ex parte judgment dated 30/8/95 in Civil Case No. 7/1995 set aside
  • Costs awarded to the applicant