roza honok maziku vs abdalla ahmed salum 2014 tzhc 2397 27 june 2014

roza honok maziku vs abdalla ahmed salum 2014 tzhc 2397 27 june 2014

The ex parte judgment was set aside because there was no proof that the appellant was properly served or that she refused service, and the suit was improperly conducted by an agent without leave of the court.

Citation
roza honok maziku vs abdalla ahmed salum 2014 tzhc 2397 27 june 2014
Parties
Appellant: Roza Honor Maziku; Respondent: Abdalla Ahmed Salum
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 June 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Ex Parte Judgment, Service of Process, Recognized Agent, Setting Aside Judgment, Appeal Procedure
Source Language
English
Civil Procedure Land Law Ex Parte Judgment Service of Process Recognized Agent Setting Aside Judgment Appeal Procedure

Case Brief

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Parties

Roza Honor Maziku

Appellant

Abdalla Ahmed Salum

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the ex parte judgment against the appellant was proper in the absence of proof of service
  2. 2 Whether the suit was properly instituted and conducted by a recognized agent without leave of the court

Ratio Decidendi

The ex parte judgment was set aside because there was no proof that the appellant was properly served or that she refused service, and the suit was improperly conducted by an agent without leave of the court.

Court Disposition

appeal allowed

Orders

  • The ex parte judgment of the Land Tribunal dated 28/10/2009 is set aside.
  • The suit is to be heard afresh and inter partes by a different competent panel.