19870929 TZHC Dar es Salaam

19870929 TZHC Dar es Salaam

The ex-parte judgment was set aside because the order to proceed ex-parte was made without proof of service of summons to the appellant, and the case was fixed for mention, not hearing. Additionally, there was no evidence to support the respondent's claim for vacant possession or mesne profits.

Citation
19870929 TZHC Dar es Salaam
Parties
Appellant: Yahaya Muyumba; Respondent: Honifa Kapulilo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 1987
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Ex Parte Proceedings, Vacant Possession, Mesne Profits, Proof of Service
Source Language
English
Civil Procedure Landlord and Tenant Ex Parte Proceedings Vacant Possession Mesne Profits Proof of Service

Case Brief

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Parties

Yahaya Muyumba

Appellant

Honifa Kapulilo

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the ex-parte judgment was properly entered against the appellant
  2. 2 Whether the respondent was entitled to vacant possession and mesne profits

Ratio Decidendi

The ex-parte judgment was set aside because the order to proceed ex-parte was made without proof of service of summons to the appellant, and the case was fixed for mention, not hearing. Additionally, there was no evidence to support the respondent's claim for vacant possession or mesne profits.

Court Disposition

appeal allowed

Orders

  • The ex-parte judgment of the lower court is set aside.
  • The appellant shall pay the respondent's costs.