romanus b ndimbo vs tarimo mzee wa ukweli 2007 tzhc 367 13 september 2007

romanus b ndimbo vs tarimo mzee wa ukweli 2007 tzhc 367 13 september 2007

The appellant failed to appear for the hearing of his application for leave to defend in a summary suit; under Order XXXV rule 2, the allegations in the plaint are deemed admitted and judgment is properly entered for the plaintiff.

Citation
romanus b ndimbo vs tarimo mzee wa ukweli 2007 tzhc 367 13 september 2007
Parties
Appellant: Romanus B. Ndimbo; Respondent: Tarimo Mzee wa Ukweli
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 September 2007
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Summary Suit, Leave to Defend, Promissory Note, Setting Aside Ex Parte Judgment
Source Language
English
Civil Procedure Contract Law Summary Suit Leave to Defend Promissory Note Setting Aside Ex Parte Judgment

Case Brief

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Parties

Romanus B. Ndimbo

Appellant

Tarimo Mzee wa Ukweli

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial magistrate erred in law and fact by determining the application in favour of the respondent after finding improper dismissal of the appellant's application for leave to defend in a summary suit
  2. 2 Whether the ex parte judgment should be set aside

Ratio Decidendi

The appellant failed to appear for the hearing of his application for leave to defend in a summary suit; under Order XXXV rule 2, the allegations in the plaint are deemed admitted and judgment is properly entered for the plaintiff.

Court Disposition

appeal dismissed

Orders

  • Respondent to pay the decretal amount with costs of the appeal