sumry high class vs sadallah ibrahim sadallah 2010 tzhc 181 16 december 2010

sumry high class vs sadallah ibrahim sadallah 2010 tzhc 181 16 december 2010

The trial court's failure to hear the defendant's application for stay of execution and to set aside the ex parte judgment, and its failure to provide reasons for its decisions, violated principles of natural justice and judicial objectivity. All decisions made by the two trial Resident Magistrates after the ex parte judgment are null and void.

Citation
sumry high class vs sadallah ibrahim sadallah 2010 tzhc 181 16 december 2010
Parties
Applicant: SUMRY HIGH CLASS; Respondent: SADALLAH IBRAHIM SADALLAH
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
16 December 2010
Procedural Posture
Civil Revision / Revision Order
Outcome
decisions after ex parte judgment declared null and void; matter remitted for rehearing
Legal Topics
Ex Parte Judgment, Execution of Decree, Right to Be Heard, Natural Justice
Source Language
English
Civil Procedure Judicial Review Ex Parte Judgment Execution of Decree Right to Be Heard Natural Justice

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Parties

SUMRY HIGH CLASS

Applicant

SADALLAH IBRAHIM SADALLAH

Respondent

Procedural Posture

Civil Revision / Revision Order

Legal Issues

  1. 1 Whether the trial court erred in proceeding with execution before hearing the defendant's application for stay of execution and to set aside ex parte judgment
  2. 2 Whether the decisions made by the trial Resident Magistrates after the ex parte judgment were valid

Ratio Decidendi

The trial court's failure to hear the defendant's application for stay of execution and to set aside the ex parte judgment, and its failure to provide reasons for its decisions, violated principles of natural justice and judicial objectivity. All decisions made by the two trial Resident Magistrates after the ex parte judgment are null and void.

Court Disposition

decisions after ex parte judgment declared null and void; matter remitted for rehearing

Orders

  • All decisions made by the two trial Resident Magistrates after the ex parte judgment, including order of execution dated 2/02/2010 in Civil Case No. 21/2009 and Execution Orders in Misc. Civil Application No. 31 of 2010, are declared null and void.
  • The trial court is directed to hear and determine the application filed by the Defendant/Judgment Debtor for stay of execution and leave to file application to set aside the ex parte judgment out of time and any other application as may be filed by any party in accordance with the principles of natural justice.