20070525 TZHC Dar es Salaam

20070525 TZHC Dar es Salaam

Failure to comply with the court's conditional order to deposit Tshs.33,700,000/= is fatal to the Defendants' right to defend, as the order to set aside the ex parte decree was conditional upon such deposit.

Citation
20070525 TZHC Dar es Salaam
Parties
Plaintiff: Alawi Rajabu Kassim; 1st Defendant: M/S Upami Group Company Ltd; 2nd Defendant: Vitus John Lipagila; 3rd Defendant: Anna Vitus Lipagila; 4th Defendant: Johnson Vitus Lipagila; 5th Defendant: Grace Vitus Lipagila
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 May 2007
Procedural Posture
Commercial Case / Ruling on Compliance With Conditional Order at Pretrial Conference
Outcome
Conditional extension granted for compliance with deposit order; failure to comply within 14 days will result in restoration of ex parte judgment and decree.
Legal Topics
Conditional Orders, Setting Aside Ex Parte Decree, Compliance With Court Orders
Source Language
English
Civil Procedure Commercial Law Conditional Orders Setting Aside Ex Parte Decree Compliance With Court Orders

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Parties

Alawi Rajabu Kassim

Plaintiff

M/S Upami Group Company Ltd

1st Defendant

Vitus John Lipagila

2nd Defendant

Anna Vitus Lipagila

3rd Defendant

Johnson Vitus Lipagila

4th Defendant

Grace Vitus Lipagila

5th Defendant

Procedural Posture

Commercial Case / Ruling on Compliance With Conditional Order at Pretrial Conference

Legal Issues

  1. 1 Whether the deposit of Tshs.33,700,000/= was a condition precedent to setting aside the ex parte decree
  2. 2 Effect of non-compliance with a conditional order of deposit

Ratio Decidendi

Failure to comply with the court's conditional order to deposit Tshs.33,700,000/= is fatal to the Defendants' right to defend, as the order to set aside the ex parte decree was conditional upon such deposit.

Court Disposition

Conditional extension granted for compliance with deposit order; failure to comply within 14 days will result in restoration of ex parte judgment and decree.

Orders

  • Defendants granted 14 days from the date of the order to deposit Tshs.33,700,000/=.
  • If Defendants fail to comply, ex parte judgment and decree dated 4/9/2006 will be restored.