alawi rajab kassim vs upami group co ltd 4 others 2007 tzhccomd 37 30 january 2007

alawi rajab kassim vs upami group co ltd 4 others 2007 tzhccomd 37 30 january 2007

Doubt existed regarding proper service on the individual defendants, and in the interest of justice, the ex parte judgment and decree should be set aside and leave granted to defend, subject to deposit of the claimed sum in court.

Citation
alawi rajab kassim vs upami group co ltd 4 others 2007 tzhccomd 37 30 january 2007
Parties
Plaintiff: Alawi Rajabu Kassim; 1st Defendant: M/S Upami Group Company Limited; 2nd Defendant: Vitus John Lipagila; 3rd Defendant: Anna Vitus Lipagila; 4th Defendant: Johnson Vitus Lipagila; 5th Defendant: Grace Vitus Lipagila
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
30 January 2007
Procedural Posture
Commercial Case / Ruling on Application to Set Aside Ex Parte Judgment and for Leave to Defend
Outcome
application granted
Legal Topics
Setting Aside Ex Parte Judgment, Service of Process, Leave to Defend, Company Law, Directors' Duties
Source Language
English
Civil Procedure Commercial Law Setting Aside Ex Parte Judgment Service of Process Leave to Defend Company Law Directors' Duties

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Parties

Alawi Rajabu Kassim

Plaintiff

M/S Upami Group Company Limited

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 Application to Set Aside Ex Parte Judgment and for Leave to Defend

Legal Issues

  1. 1 Whether special circumstances exist to set aside the ex parte judgment and decree
  2. 2 Whether proper service was effected on all defendants
  3. 3 Whether defendants should be granted leave to defend the suit

Ratio Decidendi

Doubt existed regarding proper service on the individual defendants, and in the interest of justice, the ex parte judgment and decree should be set aside and leave granted to defend, subject to deposit of the claimed sum in court.

Court Disposition

application granted

Orders

  • Judgment and decree dated September 4, 2006 set aside.
  • Leave granted to defendants to appear to summons and defend the suit.