Zephrine Bitengeko vs Burns and Blane (T) Ltd (Civil Appeal 13 of 1995) [1995] TZHC 727 (1 December 1995)

The case involves Zephrine Bitengeko, an unrepresented applicant, who filed an employment cause against Burns and Blane (T) Ltd in 1992. An ex-parte judgment was entered in 1994, which the respondent's advocate, Mr. Kapinga, later sought to set aside. The trial court granted the application to set aside the ex-parte judgment on 14.2.1995, conditioning it on expediting the hearing. The appeal (Civil Appeal 13 of 1995) challenges the trial court's order to set aside the ex-parte judgment, with the court concluding no appeal lies against such an order under CPC sections 74 and 75.

The court determined whether an aggrieved party may appeal an order setting aside an ex-parte judgment followed by a hearing inter-partes. It concluded no appeal lies against such an order under sections 74 and 75 of the C.P.C., 1966, as the issue concerns the competence of the appeal itself rather than its merits.

The court held that no appeal may lie against an order for setting aside an ex-parte judgment under sections 74 and 75 of the C.P.C., 1966. It also affirmed the trial court's decision to expedite the hearing of the long-outstanding employment matter to prevent further delays.

The court held that under sections 74 and 75 of the C.P.C. 1966, an order for setting aside an ex-parte judgment is not appealable. The ruling emphasized that such procedural orders fall outside the scope of permissible appeals, as no appeal may lie against them. This principle was applied to dismiss the applicant's challenge to the trial court's decision to set aside the ex-parte judgment, directing the matter to proceed to a final hearing.

Code of Civil Procedure 1966