19981026 TZHC Dar es Salaam

The applicant failed to show sufficient cause for non-appearance as they had ample notice and opportunity to instruct counsel and appear, and their explanations were not credible or diligent.

Citation: 19981026 TZHC Dar es Salaam
Parties: Plaintiff: Bin Kleb Bus Service Ltd.; Defendant: AGIP (Tanzania) Limited
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 26 October 1998
Procedural Posture: Civil / Application to Set Aside Ex Parte Judgment
Outcome: application dismissed with costs
Legal Topics: Setting Aside Ex Parte Judgment, Service of Summons, Judicial Discretion
Source Language: English

Civil Procedure Setting Aside Ex Parte Judgment Service of Summons Judicial Discretion

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Parties

Bin Kleb Bus Service Ltd.

Plaintiff

AGIP (Tanzania) Limited

Defendant

Procedural Posture

Civil / Application to Set Aside Ex Parte Judgment

Legal Issues

1 Whether sufficient cause was shown to set aside the ex parte judgment against the applicant

Ratio Decidendi

The applicant failed to show sufficient cause for non-appearance as they had ample notice and opportunity to instruct counsel and appear, and their explanations were not credible or diligent.

Court Disposition

application dismissed with costs

Orders

application to set aside ex parte judgment is dismissed
costs awarded to the respondent