Judgment
Case law
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Division and case type: CivilCivil Appeal
…The case against him was subsequently properly proved and the ex-parte judgment dated 29th of April, 1991 as concerns the 1st defendant, Solomon was proper.…
…As for the 2nd defendant, Mwika, the ex-parte judgment was obtained against him by error. He had entered appearance within the prescribed time on the 16th of February, 1991.…
Division and case type: CivilCivil Appeal
…That this act amounted to negligence on his part to warrant the dismissal of the application to set aside ex-parte judgment.…
…There are no limits or restrictions of the judge’s discretion to set aside an ex-parte judgment except that if he does vary any judgment he does so on such terms as may be just.…
Division and case type: CivilCivil Appeal
…He asked for orders that Mr Justice J S Patel’s ruling and orders be set aside, the ex-parte judgment of June 11, 1979 and its decree be set aside, Nduhiu be given leave to file a reply to the counterclaim and the suit be…
…prior and subsequent, and all the respective merits of the parties together with any material factor which appears to have entered into the passing of the judgment, which would not or might not have been present had the judgment…