adam samson namhisa vs kcb t ltd 2007 tzhccomd 56 23 november 2007

adam samson namhisa vs kcb t ltd 2007 tzhccomd 56 23 november 2007

There was no certificate from an officer of the court that the postal parcel contained the summons; thus, there was no evidence of service by post as required by law, and the applicant was not duly served. This is sufficient to set aside the exparte judgment.

Citation
adam samson namhisa vs kcb t ltd 2007 tzhccomd 56 23 november 2007
Parties
Applicant/defendant: Adam Samson Namhisa; Respondent/plaintiff: KCB (Tanzania) Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
23 November 2007
Procedural Posture
Application to Set Aside Exparte Judgment / Ruling on Application Under Order IX Rule 13(1) CPC
Outcome
Application allowed; exparte judgment set aside.
Legal Topics
Service of Summons, Setting Aside Exparte Judgment
Source Language
English
Civil Procedure Service of Summons Setting Aside Exparte Judgment

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Parties

Adam Samson Namhisa

Applicant/defendant

KCB (Tanzania) Limited

Respondent/plaintiff

Procedural Posture

Application to Set Aside Exparte Judgment / Ruling on Application Under Order IX Rule 13(1) CPC

Legal Issues

  1. 1 Whether the applicant was duly served with summons as required by law
  2. 2 Whether failure to serve the applicant constitutes sufficient reason to set aside the exparte judgment

Ratio Decidendi

There was no certificate from an officer of the court that the postal parcel contained the summons; thus, there was no evidence of service by post as required by law, and the applicant was not duly served. This is sufficient to set aside the exparte judgment.

Court Disposition

Application allowed; exparte judgment set aside.

Orders

  • Exparte judgment set aside.
  • Costs shall be costs in the suit.