19951213 TZHC Dar es Salaam

19951213 TZHC Dar es Salaam

Applicants were properly served to appear before Hon. Bubeshi, J. on 24/8/95; confusion due to chamber summons bearing Hon. Kyando, J.'s name was insufficient justification for non-appearance; applicants failed to exercise due diligence and are not entitled to have the ex parte judgment set aside.

Citation
19951213 TZHC Dar es Salaam
Parties
Applicant: Sazi Echimila Salula; Respondent: Respondents (not individually named)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 December 1995
Procedural Posture
Civil Application / Application to Set Aside Ex Parte Judgment
Outcome
application dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Leave to File Defence, Court Summons and Service
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Leave to File Defence Court Summons and Service

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Sazi Echimila Salula

Applicant

Respondents (not individually named)

Respondent

Procedural Posture

Civil Application / Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the ex parte judgment should be set aside due to alleged improper service and confusion regarding the presiding judge
  2. 2 Whether leave should be granted to file defence after ex parte judgment

Ratio Decidendi

Applicants were properly served to appear before Hon. Bubeshi, J. on 24/8/95; confusion due to chamber summons bearing Hon. Kyando, J.'s name was insufficient justification for non-appearance; applicants failed to exercise due diligence and are not entitled to have the ex parte judgment set aside.

Court Disposition

application dismissed with costs

Orders

  • application to set aside ex parte judgment is declined
  • leave to appeal to be formally made to this court