FODEY SECURITYAND ALARM SYSTEM T LTD VS OPEN SANIT MISC

FODEY SECURITYAND ALARM SYSTEM T LTD VS OPEN SANIT MISC

Applicant demonstrated sufficient grounds for non-appearance and delay, as she believed the matter was settled and the case withdrawn, justifying extension of time to file application to set aside ex parte judgment.

Citation
FODEY SECURITYAND ALARM SYSTEM T LTD VS OPEN SANIT MISC
Parties
Applicant: Fodey Security & Alarm System (T) Ltd; Respondent: Open Sanit Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application for Extension of Time
Outcome
Application granted
Legal Topics
Extension of Time, Ex Parte Judgment, Settlement Agreements
Source Language
English
Civil Procedure Commercial Law Extension of Time Ex Parte Judgment Settlement Agreements

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Parties

Fodey Security & Alarm System (T) Ltd

Applicant

Open Sanit Company Limited

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether sufficient grounds exist to grant extension of time to set aside ex parte judgment

Ratio Decidendi

Applicant demonstrated sufficient grounds for non-appearance and delay, as she believed the matter was settled and the case withdrawn, justifying extension of time to file application to set aside ex parte judgment.

Court Disposition

Application granted

Orders

  • Extension of time to file application to set aside ex parte judgment is granted with costs
  • Application to be filed within a fortnight from the date of ruling