arusha city council vs nmk project services 2020 tzhccomd 2026 12 february 2020
Citing the wrong enabling provision (Rule 31(2) instead of Rule 43(2)) to set aside an ex parte judgment renders the application incompetent, as the court is not properly moved to grant the relief sought.
- Citation
- arusha city council vs nmk project services 2020 tzhccomd 2026 12 february 2020
- Parties
- Applicant: Arusha City Council; Respondent: NMK Project Services
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 12 February 2020
- Procedural Posture
- Miscellaneous Commercial Application / Preliminary Objection on Enabling Provision for Setting Aside Ex Parte Judgment
- Outcome
- Application struck out with costs
- Legal Topics
- Setting Aside Ex Parte Judgment, Proper Citation of Enabling Provision, High Court (commercial Division) Procedure Rules
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Arusha City Council
Applicant
NMK Project Services
Respondent
Procedural Posture
Miscellaneous Commercial Application / Preliminary Objection on Enabling Provision for Setting Aside Ex Parte Judgment
Legal Issues
- 1 Whether the application to set aside ex parte judgment was brought under the correct enabling provision of law
- 2 Whether citing a wrong provision renders the application incompetent
Ratio Decidendi
Citing the wrong enabling provision (Rule 31(2) instead of Rule 43(2)) to set aside an ex parte judgment renders the application incompetent, as the court is not properly moved to grant the relief sought.
Court Disposition
Application struck out with costs
Orders
- The application is struck out with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment