FODEY SECURITY AND ALARM SYSTEM VS OPEN SANANIT CO

FODEY SECURITY AND ALARM SYSTEM VS OPEN SANANIT CO

The applicant failed to provide credible or specific evidence of sufficient cause for non-appearance, and the record showed the applicant was aware of the proceedings. The settlement agreement was not a valid ground for non-appearance, and allegations of fraud and misrepresentation were unsubstantiated. The application was dismissed for lack of merit.

Citation
FODEY SECURITY AND ALARM SYSTEM VS OPEN SANANIT CO
Parties
Applicant: Fodey Security & Alarm System (T) Ltd; Respondent: Open Sanit Company Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Miscellaneous Commercial Cause / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Non Appearance, Settlement Agreements, Fraud and Misrepresentation
Source Language
English
Civil Procedure Commercial Law Setting Aside Ex Parte Judgment Non Appearance Settlement Agreements Fraud and Misrepresentation

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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 to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether sufficient cause was shown to set aside the ex parte judgment against the applicant
  2. 2 Whether the settlement agreement constituted a valid ground for non-appearance
  3. 3 Whether allegations of fraud and misrepresentation were substantiated

Ratio Decidendi

The applicant failed to provide credible or specific evidence of sufficient cause for non-appearance, and the record showed the applicant was aware of the proceedings. The settlement agreement was not a valid ground for non-appearance, and allegations of fraud and misrepresentation were unsubstantiated. The application was dismissed for lack of merit.

Court Disposition

Application dismissed with costs

Orders

  • Application to set aside ex parte judgment is dismissed
  • Applicant to pay costs