zephrine bitengeko vs burns and blane t ltd 1995 tzhc 727 1 december 1995

zephrine bitengeko vs burns and blane t ltd 1995 tzhc 727 1 december 1995

The court held that under sections 74 and 75 of the Civil Procedure Code, 1966, no appeal lies against an order setting aside an ex-parte judgment; therefore, the appeal is incompetent and not properly before the High Court.

Citation
zephrine bitengeko vs burns and blane t ltd 1995 tzhc 727 1 december 1995
Parties
Applicant: Zephrin Bitengeko; Respondent: Burns and Blane (T) Ltd.
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 December 1995
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Regarding Appealability of Order Setting Aside Ex Parte Judgment
Outcome
Appeal dismissed as incompetent
Legal Topics
Appealability of Orders, Setting Aside Ex Parte Judgment, Employment Disputes
Source Language
English
Civil Procedure Employment Law Appealability of Orders Setting Aside Ex Parte Judgment Employment Disputes

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Parties

Zephrin Bitengeko

Applicant

Burns and Blane (T) Ltd.

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Regarding Appealability of Order Setting Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether an appeal lies against an order setting aside an ex-parte judgment and directing hearing on merits

Ratio Decidendi

The court held that under sections 74 and 75 of the Civil Procedure Code, 1966, no appeal lies against an order setting aside an ex-parte judgment; therefore, the appeal is incompetent and not properly before the High Court.

Court Disposition

Appeal dismissed as incompetent

Orders

  • No appeal lies against the order setting aside ex-parte judgment; matter to proceed in trial court