The Respondent, a minor, had filed a suit relating to the administration of estate against the Appellant in the District Court at Mtwara. The Appellant (then the Defendant) failed to file the Written Statement of Defence within time or take any other step in defence against the suit. The Court awarded the Respondent (then the Plaintiff) an ex parte judgment. The Appellant decided to appeal to the High Court faulting the decision of the District Court on a number of grounds. The Respondent made a submission that it was improper for the Appellant to resort to an appeal instead of asking the trial court to set aside the ex parte judgment first.