abdul hilal ali vs h r n enterprises ltd branch 1997 tzhc 201 4 december 1997

The defendant did not file an application for leave to defend within the prescribed time, and no justifiable cause was shown for the delay. Therefore, judgment must be entered for the plaintiff as required by law.

Citation: abdul hilal ali vs h r n enterprises ltd branch 1997 tzhc 201 4 december 1997
Parties: Plaintiff: Hilal Alt About; Defendant: H.R.M. Enterprises Ltd Branch
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 4 December 1997
Procedural Posture: Civil / Ruling on Application for Judgment Under Summary Procedure
Outcome: Judgment for the plaintiff
Legal Topics: Summary Judgment, Leave to Defend, Default Judgment
Source Language: English

Civil Procedure Summary Judgment Leave to Defend Default Judgment

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Parties

Hilal Alt About

Plaintiff

H.R.M. Enterprises Ltd Branch

Defendant

Procedural Posture

Civil / Ruling on Application for Judgment Under Summary Procedure

Legal Issues

1 Whether the defendant filed an application for leave to defend within the prescribed time under Order XXXV of the Civil Procedure Code
2 Whether judgment should be entered for the plaintiff due to defendant's failure to file the application

Ratio Decidendi

Court Disposition

Judgment for the plaintiff

Orders

Judgment entered in favour of the plaintiff under Order XXXV, Rule 2(a) as prayed, with the principal sum reduced to 25,000,000 Tanzanian Shillings due to partial payment by the defendant.