REUBEN FRANK MAGESA V

REUBEN FRANK MAGESA V

The applicant was duly served with summons and failed to appear or defend the case, thereby waiving his right to be heard. The affidavit's alleged defect was not material, and the application lacked merit as the applicant failed to show sufficient cause for setting aside the ex parte judgment.

Citation
REUBEN FRANK MAGESA V
Parties
Applicant: Ruben Frank Magesa; 1st Respondent: Clementina Jilanga; 2nd Respondent: Bernadeta Tungu; 3rd Respondent: Paulo Mambosaa; 4th Respondent: Anastazia Masunga; 5th Respondent: Shinyanga Municipal Council; 6th Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1985
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Affidavit Defects, Right to Be Heard, Waiver of Right to Be Heard
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Affidavit Defects Right to Be Heard Waiver of Right to Be Heard

Case Brief

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Parties

Ruben Frank Magesa

Applicant

Clementina Jilanga

1st Respondent

Bernadeta Tungu

2nd Respondent

Paulo Mambosaa

3rd Respondent

Anastazia Masunga

4th Respondent

Shinyanga Municipal Council

5th Respondent

The Attorney General

6th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application is incompetent due to a defective affidavit containing hearsay
  2. 2 Whether the applicant was denied the right to be heard justifying setting aside the ex parte judgment

Ratio Decidendi

The applicant was duly served with summons and failed to appear or defend the case, thereby waiving his right to be heard. The affidavit's alleged defect was not material, and the application lacked merit as the applicant failed to show sufficient cause for setting aside the ex parte judgment.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs