leslie douglas omari vs exim bank t ltd 2019 tzhccomd 128 12 april 2019

leslie douglas omari vs exim bank t ltd 2019 tzhccomd 128 12 april 2019

The applicant failed to provide sufficient evidence of his imprisonment or the date of release, and did not prove lack of knowledge of the proceedings. Substituted service by publication was properly effected. No sufficient cause or illegality was established to warrant extension of time. The application was thus dismissed for want of merit.

Citation
leslie douglas omari vs exim bank t ltd 2019 tzhccomd 128 12 april 2019
Parties
Applicant: Leslie Douglas Omari; 1st Respondent: Exim Bank Tanzania Limited; 2nd Respondent: African Consulting Group Limited; 3rd Respondent: Frank Mugeja Mutani; 4th Respondent: Akida Mwinchumu; 5th Respondent: Edward Masanja; 7th Respondent: Cyprian Malekela
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
12 April 2019
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application for Extension of Time and Related Reliefs
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Service of Process, Setting Aside Judgment, Right to Be Heard, Summary Judgment, Execution of Decree
Source Language
English
Civil Procedure Commercial Law Extension of Time Service of Process Setting Aside Judgment Right to Be Heard Summary Judgment Execution of Decree

Case Brief

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Parties

Leslie Douglas Omari

Applicant

Exim Bank Tanzania Limited

1st Respondent

African Consulting Group Limited

2nd Respondent

Frank Mugeja Mutani

3rd Respondent

Akida Mwinchumu

4th Respondent

Edward Masanja

5th Respondent

Cyprian Malekela

7th Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application for Extension of Time and Related Reliefs

Legal Issues

  1. 1 Whether sufficient cause was shown to warrant extension of time to set aside execution, judgment, and decree in Commercial Case No. 62 of 2015
  2. 2 Whether the applicant was properly served with summons and aware of the proceedings
  3. 3 Whether alleged illegality or technical delay justified extension of time

Ratio Decidendi

The applicant failed to provide sufficient evidence of his imprisonment or the date of release, and did not prove lack of knowledge of the proceedings. Substituted service by publication was properly effected. No sufficient cause or illegality was established to warrant extension of time. The application was thus dismissed for want of merit.

Court Disposition

Application dismissed with costs

Orders

  • Application for extension of time to set aside execution, judgment, and decree in Commercial Case No. 62 of 2015 is dismissed.
  • Application for orders to set aside execution, judgment, and decree is dismissed.