19940107 TZHC Dar es Salaam

19940107 TZHC Dar es Salaam

The application to set aside the ex-parte judgment is dismissed as the applicant failed to file a written statement of defence despite multiple extensions and provided no substantial reason for the delay. The excuses given were not credible, and the court's procedural orders were not heeded, demonstrating lack of diligence and seriousness.

Citation
19940107 TZHC Dar es Salaam
Parties
Applicant/defendant: Tanzania Breweries Limited; Respondent/plaintiff: Bernard Beatus Palala
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 January 1994
Procedural Posture
Chamber Summons/application to Set Aside Ex Parte Judgment / Ruling on Application
Outcome
application dismissed
Legal Topics
Ex Parte Judgment, Setting Aside Judgment, Failure to File Defence, Extension of Time
Source Language
English
Civil Procedure Ex Parte Judgment Setting Aside Judgment Failure to File Defence Extension of Time

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Parties

Tanzania Breweries Limited

Applicant/defendant

Bernard Beatus Palala

Respondent/plaintiff

Procedural Posture

Chamber Summons/application to Set Aside Ex Parte Judgment / Ruling on Application

Legal Issues

  1. 1 Whether the ex-parte judgment should be set aside due to alleged communication difficulties and inability to file defence in time

Ratio Decidendi

The application to set aside the ex-parte judgment is dismissed as the applicant failed to file a written statement of defence despite multiple extensions and provided no substantial reason for the delay. The excuses given were not credible, and the court's procedural orders were not heeded, demonstrating lack of diligence and seriousness.

Court Disposition

application dismissed

Orders

  • application to set aside ex-parte judgment dismissed with costs