leila nasib vs olam tanzania ltd and others 2020 tzhccomd 6 26 march 2020

leila nasib vs olam tanzania ltd and others 2020 tzhccomd 6 26 march 2020

Applicant failed to demonstrate sufficient cause for delay, was properly served and participated in proceedings, and did not account for each day of delay; negligence and unsupported claims do not warrant extension of time.

Citation
leila nasib vs olam tanzania ltd and others 2020 tzhccomd 6 26 march 2020
Parties
Applicant: Leila Nasib; 1st Respondent: Olam Tanzania Limited; 2nd Respondent: Nzige Auction Mart; 3rd Respondent: Samweli Nakei
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
26 March 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time to Set Aside Ex Parte Judgment
Outcome
Application dismissed with costs.
Legal Topics
Extension of Time, Ex Parte Judgment, Right to Be Heard, Guarantor Liability, Summary Procedure
Source Language
English
Civil Procedure Commercial Law Extension of Time Ex Parte Judgment Right to Be Heard Guarantor Liability Summary Procedure

Case Brief

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Parties

Leila Nasib

Applicant

Olam Tanzania Limited

1st Respondent

Nzige Auction Mart

2nd Respondent

Samweli Nakei

3rd Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to set aside ex-parte judgment
  2. 2 Whether the applicant was denied the right to be heard
  3. 3 Whether the applicant was properly served with court documents

Ratio Decidendi

Applicant failed to demonstrate sufficient cause for delay, was properly served and participated in proceedings, and did not account for each day of delay; negligence and unsupported claims do not warrant extension of time.

Court Disposition

Application dismissed with costs.

Orders

  • Application for extension of time to set aside ex-parte judgment dismissed.
  • Applicant to pay costs.