kitenge vs mshoro 2005 tzhc 67 8 december 2005

kitenge vs mshoro 2005 tzhc 67 8 december 2005

It was wrong for the mediator to enter judgment in favour of the plaintiff on a date fixed for mediation and in the absence of the defendant; the refusal to set aside the ex-parte judgment was not supported by the record.

Citation
kitenge vs mshoro 2005 tzhc 67 8 december 2005
Parties
Appellant: Salama O. Kitenge; Respondent: Sophia Mshoro
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 December 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Setting Aside Ex Parte Judgment, Mediation Procedure, Right to Be Heard
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Mediation Procedure Right to Be Heard

Case Brief

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Parties

Salama O. Kitenge

Appellant

Sophia Mshoro

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether it was proper for the mediator to enter judgment in favour of the plaintiff on a date fixed for mediation and in the absence of the defendant
  2. 2 Whether the refusal to set aside the ex-parte judgment was justified

Ratio Decidendi

It was wrong for the mediator to enter judgment in favour of the plaintiff on a date fixed for mediation and in the absence of the defendant; the refusal to set aside the ex-parte judgment was not supported by the record.

Court Disposition

Appeal allowed

Orders

  • Original case file to be sent back to the Court of the Resident Magistrate at Kisutu for mediation before another mediator
  • If mediation fails, the case to proceed to trial before another Magistrate with competent jurisdiction