19930916 TZHC Dar es Salaam

19930916 TZHC Dar es Salaam

Once an order for ex parte proof is made and the process of proof is complete, the defendant cannot be heard before judgment is entered unless the judgment is set aside. The plaintiff must still prove his case on a balance of probabilities, and in this case, the plaintiff failed to do so.

Citation
19930916 TZHC Dar es Salaam
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 September 1993
Procedural Posture
Civil Suit / Judgment After Ex Parte Hearing
Outcome
Suit dismissed
Legal Topics
Ex Parte Proceedings, Setting Aside Ex Parte Orders, Proof of Claim, Negligence
Source Language
English
Civil Procedure Ex Parte Proceedings Setting Aside Ex Parte Orders Proof of Claim Negligence

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Suit / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether the defendant can be heard after an order for ex parte proof has been made and before judgment is entered
  2. 2 Whether the plaintiff has proved his case on a balance of probabilities

Ratio Decidendi

Once an order for ex parte proof is made and the process of proof is complete, the defendant cannot be heard before judgment is entered unless the judgment is set aside. The plaintiff must still prove his case on a balance of probabilities, and in this case, the plaintiff failed to do so.

Court Disposition

Suit dismissed

Orders

  • Plaintiff's suit is dismissed for failure to prove the case against the defendants.
  • Order as to costs to the defendant.