EXIM BANK T LTD VS ZAWADI ALLY MSALA MISC

EXIM BANK T LTD VS ZAWADI ALLY MSALA MISC

The applicant failed to demonstrate sufficient cause for non-appearance as the reasons advanced amounted to laxity and negligence, which are not sufficient grounds to set aside an ex parte decree. The application for stay of execution was incompetent for lack of supporting affidavit and arguments.

Citation
EXIM BANK T LTD VS ZAWADI ALLY MSALA MISC
Parties
Applicant/judgment Debtor: EXIM BANK (T) LTD; Respondent/decree Holder: Zawadi Ally Msalla (as administratrix of the estate of Lusekelo Samson Mwandenga)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application to Set Aside Ex Parte Decree
Outcome
Application dismissed with costs.
Legal Topics
Setting Aside Ex Parte Decree, Stay of Execution, Amendment of Pleadings, Non Appearance, Laxity and Negligence of Parties and Counsel
Source Language
English
Civil Procedure Commercial Law Setting Aside Ex Parte Decree Stay of Execution Amendment of Pleadings Non Appearance Laxity and Negligence of Parties and Counsel

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Parties

EXIM BANK (T) LTD

Applicant/judgment Debtor

Zawadi Ally Msalla (as administratrix of the estate of Lusekelo Samson Mwandenga)

Respondent/decree Holder

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application to Set Aside Ex Parte Decree

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause for non-appearance to set aside the ex parte decree
  2. 2 Whether the application for stay of execution was competent

Ratio Decidendi

The applicant failed to demonstrate sufficient cause for non-appearance as the reasons advanced amounted to laxity and negligence, which are not sufficient grounds to set aside an ex parte decree. The application for stay of execution was incompetent for lack of supporting affidavit and arguments.

Court Disposition

Application dismissed with costs.

Orders

  • Application to set aside ex parte decree is dismissed with costs.
  • Application for stay of execution is refused as incompetent.