NA TZHC Dar es Salaam2 1

NA TZHC Dar es Salaam2 1

The ex parte judgment of the primary court was null and void because there was no evidence that the respondents were properly served with process as required by law. The District Magistrate was correct in exercising revisionary powers to set aside the judgment and order a retrial.

Citation
NA TZHC Dar es Salaam2 1
Parties
Appellant: Shabibu Bakari; 1st Respondent: Onorisia Utembo; 2nd Respondent: Dales Salama
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1992
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Service of Process, Ex Parte Judgment, Revisionary Jurisdiction, Appeal Procedure
Source Language
English
Civil Procedure Service of Process Ex Parte Judgment Revisionary Jurisdiction Appeal Procedure

Case Brief

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Parties

Shabibu Bakari

Appellant

Onorisia Utembo

1st Respondent

Dales Salama

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondents were properly served with court process
  2. 2 Whether the ex parte judgment was valid in absence of proper service
  3. 3 Whether the District Magistrate exercised revisionary powers correctly

Ratio Decidendi

The ex parte judgment of the primary court was null and void because there was no evidence that the respondents were properly served with process as required by law. The District Magistrate was correct in exercising revisionary powers to set aside the judgment and order a retrial.

Court Disposition

appeal dismissed

Orders

  • The District Court's decision setting aside the ex parte judgment is upheld.
  • The case is to be retried de novo before another magistrate in the same primary court.