George Philip vs Andrew Msengi (Civil Appeal No. 8 of 1980) [1980] TZHC 338 (13 June 1980)

J ,- {>'.I'~ IN THE HIGH COURT OF TANZANIA AT DODOMA "' CIVIL .APP.EAL NOo 8 of 1980 (From the decision of the Distri'ct court ••. •f Dodoma at Dodoma in Civil Application GEORGE PHIL~~Q bl ' .>! •• / ~ ··"·:: • . • • o • • • • APPELL.ANT (Ori9inal Applicant) versus ANDREW MSENGI • • • o • • • • RESPONDENT --,-----------·-- ( l.)rin al_ Re_spondcnQ JUDGEMENT: LUG AKING_I RA, i!_. The appellant seeks to upset the ruling of the District court refusing his application for the said court to set aside its ex-parte judgement .. The judgement was passed on 2.10.79. According to the ruling of. the learned Resident Magfstrate and the appellant's r'c!presentations before him on 12.5.80, he became awore of the. ex-parte judgement in December 1979 and took no steps. rt was in April this year when his property was attached ·~hat he felt the pinch and. decided to apply for the judgen"l("mt to be :set aside. With respect, the learned Resident Magistrate was right in refusing the Application. The appellant had no reason for the delay but simply cared less.. If it wcr,, not for the attachment he may never have been seen todate. I will there- fore dismiss this appeal which I do with cost.s. JUDGE " f