19940303 TZHC Dodoma

19940303 TZHC Dodoma

Applicant failed to demonstrate sufficient cause for non-attendance and did not establish existence of a triable issue; ex parte judgment was set aside only as to costs and the suit to be heard on merits.

Citation
19940303 TZHC Dodoma
Parties
Applicant: C.A.C.U. (1984) Ltd.; Respondent: Respondent
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
3 March 1994
Procedural Posture
Civil / Appeal
Outcome
ex parte judgment set aside as to costs; suit to be heard on merits
Legal Topics
Setting Aside Ex Parte Judgment, Sufficient Cause, Triable Issue
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Sufficient Cause Triable Issue

Case Brief

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Parties

C.A.C.U. (1984) Ltd.

Applicant

Respondent

Respondent

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the applicant showed sufficient cause for not attending the hearing date
  2. 2 Whether there was a triable issue warranting the court to set aside its ex parte judgment

Ratio Decidendi

Applicant failed to demonstrate sufficient cause for non-attendance and did not establish existence of a triable issue; ex parte judgment was set aside only as to costs and the suit to be heard on merits.

Court Disposition

ex parte judgment set aside as to costs; suit to be heard on merits

Orders

  • Ex parte judgment of trial court set aside
  • Suit to proceed on merits