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…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.…

….… RESPONDENT RULING This is an application by the defendant in the suit that the ex-parte judgment entered against him on 25/2/88 be set aside on the grounds that he was never served with summons to enter appearance and…

…I allow the application, set aside the ex-parte judgment entered on 25/2/ 88 and the execution thereon.…

…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.…

…But, mark you, the request for judgment for Shs 1,200/- was filed on march 3rd, 1988 and an ex parte judgment entered on March 7th, 1988.…

…The judge, having refused an application for an adjournment to enable an application to be made for setting aside the ex parte judgment, was bound by the judgment.…

…Is a court entitled to presume that service was effected and leave an ex parte judgment undisturbed even when there is stark evidence that the defendants did not have notice of the hearing.…

…Where however, as in this case, it comes to light later that the process was not delivered and there was no fault of an inexcusable nature to attach to the defendant it will be an affront to equity to have an ex parte judgment…

…First, that there be a stay of execution of the decree of this court and second, that the ex-parte judgment entered herein be set aside.…

…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…