ngoda vs ubwa 2000 tzhc 11 20 september 2000

The ex parte judgment was set aside because the appellant was not properly served and the judgment was obtained through fraud by misrepresentation of identity in court proceedings.

Citation: ngoda vs ubwa 2000 tzhc 11 20 september 2000
Parties: Appellant: Vateo Ngoga; Respondent: Ubwa Msiyu Ubwa
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 September 2000
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Ex Parte Judgment, Extension of Time, Service of Summons, Fraud on the Court
Source Language: English

Civil Procedure Ex Parte Judgment Extension of Time Service of Summons Fraud on the Court

Case Brief

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Parties

Vateo Ngoga

Appellant

Ubwa Msiyu Ubwa

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the appellant was properly served with summons
2 Whether the appellant had sufficient cause for extension of time to set aside ex parte judgment
3 Whether the ex parte judgment was obtained by fraud

Ratio Decidendi

The ex parte judgment was set aside because the appellant was not properly served and the judgment was obtained through fraud by misrepresentation of identity in court proceedings.

Court Disposition

appeal allowed

Orders

Ex parte judgment dated 27/3/1997 set aside
Petition of appeal allowed with costs