19971204 TZHC Dar es Salaam 1

19971204 TZHC Dar es Salaam 1

The defendant failed to file an application for leave to defend within the statutory period, and no justifiable cause was shown for the delay; therefore, judgment must be entered for the plaintiff as required by law.

Citation
19971204 TZHC Dar es Salaam 1
Parties
Plaintiff: Abdul Hilal Ali; Defendant: H.R.N. Enterprises Ltd Branch
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 December 1997
Procedural Posture
Civil / Ruling on Application for Judgment Under Order XXXV CPC
Outcome
Judgment for the plaintiff
Legal Topics
Summary Judgment, Leave to Defend, Filing Requirements
Source Language
English
Civil Procedure Summary Judgment Leave to Defend Filing Requirements

Case Brief

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Parties

Abdul Hilal Ali

Plaintiff

H.R.N. Enterprises Ltd Branch

Defendant

Procedural Posture

Civil / Ruling on Application for Judgment Under Order XXXV CPC

Legal Issues

  1. 1 Whether the defendant filed an application for leave to defend within the prescribed time under Order XXXV CPC
  2. 2 Whether judgment should be entered for the plaintiff due to defendant's failure to file the application

Ratio Decidendi

The defendant failed to file an application for leave to defend within the statutory period, and no justifiable cause was shown for the delay; therefore, judgment must be entered for the plaintiff as required by law.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment entered in favour of the plaintiff under Order XXXV, Rule 2(a) CPC
  • Principal sum reduced to 25,000,000 Tanzanian Shillings as 5,000,000 Shillings was already paid by the defendant