sahamsha salim hamduni vs administrator general another 2022 tzca 555 13 september 2022

sahamsha salim hamduni vs administrator general another 2022 tzca 555 13 september 2022

The applicant's claim that the High Court's decision was based on an erroneous finding regarding service and appearance raises a factual contention deserving the Court's attention, justifying the grant of leave to appeal.

Citation
sahamsha salim hamduni vs administrator general another 2022 tzca 555 13 september 2022
Parties
Applicant: Shamsha Salim Hamduni; First Respondent: The Administrator General; Second Respondent: Hamduni Salim Hamduni
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 September 2022
Procedural Posture
Civil Application / Application for Leave to Appeal
Outcome
application granted
Legal Topics
Leave to Appeal, Ex Parte Proceedings, Service of Process, Setting Aside Ex Parte Orders
Source Language
English
Civil Procedure Probate and Administration Leave to Appeal Ex Parte Proceedings Service of Process Setting Aside Ex Parte Orders

Case Brief

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Parties

Shamsha Salim Hamduni

Applicant

The Administrator General

First Respondent

Hamduni Salim Hamduni

Second Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant was properly served with Miscellaneous Civil Application No. 671 of 2018
  2. 2 Whether the High Court erred in holding that the applicant's counsel appeared in the proceedings
  3. 3 Whether the High Court failed to notify the applicant of the date scheduled for delivery of the ex parte ruling

Ratio Decidendi

The applicant's claim that the High Court's decision was based on an erroneous finding regarding service and appearance raises a factual contention deserving the Court's attention, justifying the grant of leave to appeal.

Court Disposition

application granted

Orders

  • Leave granted to the applicant to appeal to the Court of Appeal against the decision of the High Court in Miscellaneous Civil Application No. 506 of 2019
  • Costs to be in the intended appeal