lukumbulu investment co ltd vs st anthony secondary school 2022 tzhccomd 83 22 april 2022
Sufficient reasons and interest of justice justify setting aside the dismissal order and restoring the suit.
Source-derived case information.
- Citation
- lukumbulu investment co ltd vs st anthony secondary school 2022 tzhccomd 83 22 april 2022
- Parties
- Applicant: Lukumbulu Investment Co. Ltd; Respondent: St. Anthony Secondary School
- Court
- TZHCCOMD
- Jurisdiction
- Tanzania
- Judgment Date
- 22 April 2022
- Procedural Posture
- Miscellaneous Commercial Application / Ruling on Application to Set Aside Dismissal Order
- Outcome
- Application granted
- Legal Topics
- Restoration of Dismissed Suit, Setting Aside Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lukumbulu Investment Co. Ltd
Applicant
St. Anthony Secondary School
Respondent
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Set Aside Dismissal Order
Legal Issues
- 1 Whether sufficient reasons exist to set aside the dismissal order for want of prosecution
Ratio Decidendi
Sufficient reasons and interest of justice justify setting aside the dismissal order and restoring the suit.
Court Disposition
Application granted
Orders
- Orders dated 01st November 2021 set aside
- Misc. Commercial Cause No. 184 of 2015 restored to hearing track
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF UNITED REPUBLIC OF THE TANZANIA (COMMERCIAL DIVISION) AT DAR-ES-SALAAM MISC. COMMERCIAL APPLICATION NO. 40 OF 2021 LUKUMBULU INVESTMENT CO.LTD............... APPLICANT VERSUS . ST.ANTHONY SECONDARY SCHOOL.......^RESPONDENT Last Order: 20/04/2022 Judgment: 22/04/2022 RULING NANGELA, J:. \\ This ruling is in^respecrpf arbapplication to set aside an order of this Court whiGhdismissed Misc-Commercial Application No.lS^ofs^Ql^f^want of prosecution. The said Misc.<^^^nercia|>xAppliCation No. 184 of 2015 was dismiss^^^tfiis'CotijTpn 1st November 2021. \On 04\\ March 2022, this Court granted the Applicantxan extended time within which to lodge this application. The application was filed by way of a Chamber summons under Rule 43(2) of the GN.No.250 of 2012 (as amended by GN.107 of 2019) and was supported by an affidavit of Mr Litete Haji Ndungo. On the 20th April 2022, the application was called on for hearing and Mr Litete appeared for the Applicant. The Page 1 of 2 Respondent was absent. Since no counter-affidavit was filed in Court, and having heard from Mr Litete's submission and upon examining the affidavit, I am convinced that there are sufficient reasons, and in the interest of justice, to set aside the orders of this Court dated 01st November 2021 and restore the Misc. Commercial Cause No. 184 of 2015 into its hearing track. In view of the above, this Court settles for the following orders: 1. That, the Applicant's prayer to set aside the Orders of this Court dated 1st November 2021 is hereby granted. 2. The Orders of this Court dated 01st of November 2021 are hereby set aside. 3. The Misc. Commercial Cause No. 184 of 2015 is hereby restored into its hearing track. 4. No orders as to costs. It is so ordered. Page 2 of 2