fodey security alarm system t ltd vs open sanit company limited 2015 tzhccomd 2131 12 november 2015

fodey security alarm system t ltd vs open sanit company limited 2015 tzhccomd 2131 12 november 2015

The applicant failed to provide credible or specific evidence of sufficient cause for non-appearance, and the record showed active participation in the proceedings up to mediation. The settlement agreement was not considered by the court and did not justify absence. Allegations of fraud and misrepresentation were unsubstantiated. The application was dismissed for lack of merit.

Citation
fodey security alarm system t ltd vs open sanit company limited 2015 tzhccomd 2131 12 november 2015
Parties
Applicant: Fodey Security & Alarm System (T) Ltd; Respondent: Open Sanit Company Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
12 November 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 the applicant has shown sufficient cause to set aside the ex parte judgment
  2. 2 Whether the alleged settlement agreement constitutes sufficient cause for non-appearance
  3. 3 Whether there was fraud or misrepresentation by the respondent

Ratio Decidendi

The applicant failed to provide credible or specific evidence of sufficient cause for non-appearance, and the record showed active participation in the proceedings up to mediation. The settlement agreement was not considered by the court and did not justify absence. 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