victor sungura toke vs psrc another 2008 tzhc 238 9 april 2008

victor sungura toke vs psrc another 2008 tzhc 238 9 april 2008

The applicant's counsel's absence due to bereavement, after informing the court and the respondent's counsel, constituted good cause for non-appearance. The respondent's counsel's failure to inform the court of the letter prejudiced the applicant. Therefore, the ex parte proceedings and proof by affidavit were set aside under Order IX Rule 7 of the Civil Procedure Code.

Citation
victor sungura toke vs psrc another 2008 tzhc 238 9 april 2008
Parties
Applicant: Victor Sungura T O K E; Respondent: P.S.R.C; Respondent: Board of Internal Trade
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 April 2008
Procedural Posture
Civil Appeal / Ruling on Application to Set Aside Ex Parte Proceedings
Outcome
application granted
Legal Topics
Setting Aside Ex Parte Proceedings, Non Appearance, Adjournment, Inherent Powers of the Court
Source Language
English
Civil Procedure Setting Aside Ex Parte Proceedings Non Appearance Adjournment Inherent Powers of the Court

Case Brief

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Parties

Victor Sungura T O K E

Applicant

P.S.R.C

Respondent

Board of Internal Trade

Respondent

Procedural Posture

Civil Appeal / Ruling on Application to Set Aside Ex Parte Proceedings

Legal Issues

  1. 1 Whether the ex parte proceedings conducted on 16th March 2004 should be set aside due to the absence of the applicant's counsel for sufficient cause.
  2. 2 Whether the order for ex parte proof by affidavit was proper under the Civil Procedure Code.

Ratio Decidendi

The applicant's counsel's absence due to bereavement, after informing the court and the respondent's counsel, constituted good cause for non-appearance. The respondent's counsel's failure to inform the court of the letter prejudiced the applicant. Therefore, the ex parte proceedings and proof by affidavit were set aside under Order IX Rule 7 of the Civil Procedure Code.

Court Disposition

application granted

Orders

  • Order for ex parte proof by affidavit is vacated.
  • Affidavit of proof is expunged from the record.