lodrick immanuel uronu vs dharam singh hans paul and sons ltd another 2023 tzhccomd 108 31 march 2023

lodrick immanuel uronu vs dharam singh hans paul and sons ltd another 2023 tzhccomd 108 31 march 2023

The applicant failed to demonstrate sufficient cause or provide evidence of an arguable defence. The substituted service was properly ordered and executed according to the law. The applicant's explanations were inconsistent, unsubstantiated, and did not meet the threshold for setting aside a default judgment.

Citation
lodrick immanuel uronu vs dharam singh hans paul and sons ltd another 2023 tzhccomd 108 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
Misc. Civil Application / Ruling on Application to Set Aside Default Judgment
Outcome
Application dismissed with costs
Legal Topics
Setting Aside Default Judgment, Service of Summons, Substituted Service, Functus Officio, Sufficient Cause
Source Language
English
Civil Procedure Setting Aside Default Judgment Service of Summons Substituted Service Functus Officio Sufficient Cause

Case Brief

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Parties

Lodrick Immanuel Uronu

Applicant

Dharam Singh Hanspaul and Sons Limited

1st Respondent

Fadhili Abraham Msofe

2nd Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the applicant was properly served with summons
  2. 2 Whether sufficient cause exists to set aside the default judgment and decree
  3. 3 Whether the applicant has an arguable defence

Ratio Decidendi

The applicant failed to demonstrate sufficient cause or provide evidence of an arguable defence. The substituted service was properly ordered and executed according to the law. The applicant's explanations were inconsistent, unsubstantiated, and did not meet the threshold for setting aside a default judgment.

Court Disposition

Application dismissed with costs

Orders

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