19921208 TZHC Dar es Salaam

19921208 TZHC Dar es Salaam

The appellant, as a co-respondent, was not personally served with the cross-petition or notice of hearing as required by the Rules. Service on the advocate for the respondent's husband did not constitute service on the appellant. Therefore, the ex-parte decree against the appellant was improperly entered and must be set aside.

Citation
19921208 TZHC Dar es Salaam
Parties
Appellant: Pili Mwauba; Respondent: Dolines Alex Ntiro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 1992
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Service of Process, Ex Parte Decree, Divorce Proceedings, Setting Aside Ex Parte Orders
Source Language
English
Family Law Civil Procedure Service of Process Ex Parte Decree Divorce Proceedings Setting Aside Ex Parte Orders

Case Brief

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Parties

Pili Mwauba

Appellant

Dolines Alex Ntiro

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant was properly served with the cross-petition and notice of hearing as required by law
  2. 2 Whether the ex-parte decree against the appellant should be set aside for lack of proper service

Ratio Decidendi

The appellant, as a co-respondent, was not personally served with the cross-petition or notice of hearing as required by the Rules. Service on the advocate for the respondent's husband did not constitute service on the appellant. Therefore, the ex-parte decree against the appellant was improperly entered and must be set aside.

Court Disposition

appeal allowed

Orders

  • ex-parte decree against the appellant set aside
  • costs awarded to the appellant