habiba abdallah edha vs africarriers ltd 2018 tzhccomd 41 16 april 2018

habiba abdallah edha vs africarriers ltd 2018 tzhccomd 41 16 april 2018

The application is dismissed because it was filed out of time and under an inapplicable provision, as the ex-parte judgment was not entered under Order IX of the Civil Procedure Code and the limitation period runs from the date of judgment.

Citation
habiba abdallah edha vs africarriers ltd 2018 tzhccomd 41 16 april 2018
Parties
Applicant: Habiba Abdallah Edha; Respondent: Africarriers Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
16 April 2018
Procedural Posture
Commercial Application / Ruling on Preliminary Objection
Outcome
Application dismissed with costs
Legal Topics
Ex Parte Judgment, Limitation of Actions, Setting Aside Judgment, Procedural Law
Source Language
English
Civil Procedure Commercial Law Ex Parte Judgment Limitation of Actions Setting Aside Judgment Procedural Law

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Parties

Habiba Abdallah Edha

Applicant

Africarriers Limited

Respondent

Procedural Posture

Commercial Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the application to set aside ex-parte judgment is time barred
  2. 2 Whether the application was brought under the correct legal provision

Ratio Decidendi

The application is dismissed because it was filed out of time and under an inapplicable provision, as the ex-parte judgment was not entered under Order IX of the Civil Procedure Code and the limitation period runs from the date of judgment.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs to the Respondent