fa co ltd and another vs sodetra sppl 2020 tzhccomd 2030 20 february 2020
Applicants failed to account for each day of delay after being served with the judgment and decree; improper service alone was insufficient to grant extension where applicants showed apathy and negligence in seeking relief.
- Citation
- fa co ltd and another vs sodetra sppl 2020 tzhccomd 2030 20 february 2020
- Parties
- Applicant: F.A Company Limited; Applicant: Fiat Alain; Respondent: SODETRA (SPPL)
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 20 February 2020
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Application for Extension of Time to Set Aside Default Judgment
- Outcome
- Application dismissed
- Legal Topics
- Extension of Time, Service of Process, Default Judgment, Setting Aside Judgment
- Source Language
- English
Case Brief
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Parties
F.A Company Limited
Applicant
Fiat Alain
Applicant
SODETRA (SPPL)
Respondent
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time to Set Aside Default Judgment
Legal Issues
- 1 Whether the applicants were properly served with summons in Commercial Case No. 45 of 2017
- 2 Whether sufficient cause was shown to warrant extension of time to set aside the default judgment
Ratio Decidendi
Applicants failed to account for each day of delay after being served with the judgment and decree; improper service alone was insufficient to grant extension where applicants showed apathy and negligence in seeking relief.
Court Disposition
Application dismissed
Orders
- Application for extension of time is declined for failure to account for each delayed day.
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