abdul hilali ali vs hrn enterprises ltd branch 1997 tzhc 198 4 december 1997

abdul hilali ali vs hrn enterprises ltd branch 1997 tzhc 198 4 december 1997

The defendant failed to file an application for leave to defend within the prescribed time as required by Order XXXV, Rule 2 CPC, and no justifiable cause was shown for the delay. Judgment is therefore entered for the plaintiff.

Citation
abdul hilali ali vs hrn enterprises ltd branch 1997 tzhc 198 4 december 1997
Parties
Plaintiff: Abdul Htlal Ati; 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 under Order XXXV, Rule 2(a) CPC with reduction of principal sum to 25,000,000 Tanzanian shillings due to partial payment by defendant.
Legal Topics
Summary Suits, Leave to Defend, Default Judgment
Source Language
English
Civil Procedure Summary Suits Leave to Defend Default Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Abdul Htlal Ati

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 application

Ratio Decidendi

The defendant failed to file an application for leave to defend within the prescribed time as required by Order XXXV, Rule 2 CPC, and no justifiable cause was shown for the delay. Judgment is therefore entered for the plaintiff.

Court Disposition

Judgment for the plaintiff under Order XXXV, Rule 2(a) CPC with reduction of principal sum to 25,000,000 Tanzanian shillings due to partial payment by defendant.

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 defendant has paid 5,000,000 shillings after filing of suit.