raulent werema and anothers vs daniel kiora 1996 tzhc 24 5 december 1996

raulent werema and anothers vs daniel kiora 1996 tzhc 24 5 december 1996

The ex parte judgment was properly entered under Order 9 Rule 6(1)(a)(ii) B as the summons was to appear and the defendant failed to do so after due service; there was no requirement for the plaintiff to establish a prima facie case.

Citation
raulent werema and anothers vs daniel kiora 1996 tzhc 24 5 december 1996
Parties
Appellant: Wirdama Se Another; Respondent: J.T.I. Mora
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 December 1996
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Ex Parte Judgment, Order 9 Rule 6 Civil Procedure Code, Prima Facie Case Requirement
Source Language
English
Civil Procedure Ex Parte Judgment Order 9 Rule 6 Civil Procedure Code Prima Facie Case Requirement

Case Brief

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Parties

Wirdama Se Another

Appellant

J.T.I. Mora

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in entering ex parte judgment without requiring proof of a prima facie case under Order 9 Rule 6(1)(a)(ii) B of the Civil Procedure Code

Ratio Decidendi

The ex parte judgment was properly entered under Order 9 Rule 6(1)(a)(ii) B as the summons was to appear and the defendant failed to do so after due service; there was no requirement for the plaintiff to establish a prima facie case.

Court Disposition

Appeal dismissed with costs

Orders

  • Ex parte judgment affirmed
  • Appellant to pay costs