mashreq international co ltd vs joseph slyvester mariangwe 2022 tzhccomd 317 30 september 2022

The applicant failed to provide sufficient and plausible reasons for not filing the defence within the prescribed time, and the conduct demonstrated negligence that does not warrant disturbing the default judgment and decree.

Citation: mashreq international co ltd vs joseph slyvester mariangwe 2022 tzhccomd 317 30 september 2022
Parties: Applicant: Mashreq Intertrade Company Limited; Respondent: Joseph Slyvester Mariangwe
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 30 September 2022
Procedural Posture: Miscellaneous Commercial Cause / Ruling on Application to Set Aside Default Judgment
Outcome: Application dismissed with costs
Legal Topics: Default Judgment, Setting Aside Judgment, Negligence of Advocate, Right to Be Heard
Source Language: English

Civil Procedure Commercial Law Default Judgment Setting Aside Judgment Negligence of Advocate Right to Be Heard

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Parties

Mashreq Intertrade Company Limited

Applicant

Joseph Slyvester Mariangwe

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Ruling on Application to Set Aside Default Judgment

Legal Issues

1 Whether the applicant has shown sufficient cause to set aside the default judgment and decree
2 Whether advocate's negligence constitutes sufficient reason to set aside a default judgment

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

The application to set aside the default judgment is dismissed for want of merits with costs.