steere petro ndaona vs oriental construction company ltd 2015 tzhc 2264 13 august 2015
The appellant was duly served with summons and refused to accept service; the court was justified in proceeding ex parte and in executing the decree, including ordering civil imprisonment for non-payment. The appeal is an attempt to frustrate execution and is dismissed.
- Citation
- steere petro ndaona vs oriental construction company ltd 2015 tzhc 2264 13 august 2015
- Parties
- Appellant: Steere Petro Ndao Na; Respondent: Oriental Construction Company Ltd
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 13 August 2015
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed with costs
- Legal Topics
- Ex Parte Judgment, Service of Summons, Civil Imprisonment, Execution Proceedings
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Steere Petro Ndao Na
Appellant
Oriental Construction Company Ltd
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant was denied the right to be heard before being imprisoned as a civil prisoner for non-payment of a decretal amount
- 2 Whether the appellant was properly served with court summons prior to ex parte judgment and execution proceedings
Ratio Decidendi
The appellant was duly served with summons and refused to accept service; the court was justified in proceeding ex parte and in executing the decree, including ordering civil imprisonment for non-payment. The appeal is an attempt to frustrate execution and is dismissed.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs to the respondent.
Full Case Text
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