shamsa salim hamduni vs administrator general and another 2020 tzhc 2084 14 february 2020

Since the applicant's counsel was present in court when the hearing date was set, the claim of lack of service cannot stand, and no good cause has been shown to set aside the ex parte ruling.

Citation: shamsa salim hamduni vs administrator general and another 2020 tzhc 2084 14 february 2020
Parties: Applicant: Shamsa Salim Hamduni; 1st Respondent: The Administrator General; 2nd Respondent: Hamduni Salim Hamduni
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 February 2020
Procedural Posture: Miscellaneous Civil Application / Ruling on Application to Set Aside Ex Parte Ruling
Outcome: Application dismissed with costs
Legal Topics: Setting Aside Ex Parte Orders, Service of Process, Letters of Administration, Revocation of Grant
Source Language: English

Civil Procedure Succession Setting Aside Ex Parte Orders Service of Process Letters of Administration Revocation of Grant

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Parties

Shamsa Salim Hamduni

Applicant

The Administrator General

1st Respondent

Hamduni Salim Hamduni

2nd Respondent

Procedural Posture

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

Legal Issues

1 Whether the applicant was properly served with notice of hearing in Misc. Civil Application No. 671 of 2018
2 Whether there was good cause to set aside the ex parte ruling

Ratio Decidendi

Since the applicant's counsel was present in court when the hearing date was set, the claim of lack of service cannot stand, and no good cause has been shown to set aside the ex parte ruling.

Court Disposition

Application dismissed with costs

Orders

Application to set aside ex parte ruling is dismissed
Applicant to pay costs