lodrick immanuel uronu vs dharam singh hanspaul and sons ltdanother 2023 tzhccomd 96 31 march 2023

Applicant failed to show sufficient cause or provide evidence of improper service or an arguable defence. Substituted service was properly ordered and effected. Application lacks merit and is dismissed with costs.

Citation: lodrick immanuel uronu vs dharam singh hanspaul and sons ltdanother 2023 tzhccomd 96 31 march 2023
Parties: Applicant: Lodrick Immanuel Uronu; 1st Respondent: Dharam Singh Hanspaul and Sons Limited; 2nd Respondent: Fadhili Abraham Msofe
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 31 March 2023
Procedural Posture: Miscellaneous Civil Application / Ruling on Application to Set Aside Default Judgment
Outcome: Application dismissed with costs
Legal Topics: Default Judgment, Service of Summons, Substituted Service, Setting Aside Judgment
Source Language: English

Civil Procedure Default Judgment Service of Summons Substituted Service Setting Aside Judgment

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Parties

Lodrick Immanuel Uronu

Applicant

Dharam Singh Hanspaul and Sons Limited

1st Respondent

Fadhili Abraham Msofe

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application to Set Aside Default Judgment

Legal Issues

1 Whether sufficient cause exists to set aside the default judgment and decree
2 Whether service of summons was properly effected
3 Whether the applicant has an arguable defence

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

Application to set aside default judgment and decree is dismissed
Applicant to pay costs