maxcom africa plc vs multichoice tanzania ltd 2020 tzhccomd 34 15 april 2020

maxcom africa plc vs multichoice tanzania ltd 2020 tzhccomd 34 15 april 2020

The applicant was duly served with summons to appear and defend, as evidenced by the company stamp, but was not notified of the date of judgment as required by Order XX Rule 3A of the Civil Procedure Code. Failure to notify the applicant of the judgment date was a procedural irregularity warranting setting aside the default judgment to cure the injustice.

Citation
maxcom africa plc vs multichoice tanzania ltd 2020 tzhccomd 34 15 april 2020
Parties
Applicant: Maxcom Africa PLC; Respondent: Multichoice Tanzania Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
15 April 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Set Aside Default Judgment
Outcome
Application granted; default judgment set aside.
Legal Topics
Default Judgment, Right to Be Heard, Service of Summons, Setting Aside Judgment, Procedural Irregularity
Source Language
English
Civil Procedure Commercial Law Default Judgment Right to Be Heard Service of Summons Setting Aside Judgment Procedural Irregularity

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Parties

Maxcom Africa PLC

Applicant

Multichoice Tanzania Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant was properly served with summons to appear and defend the case
  2. 2 Whether the applicant was notified of the date of judgment as required by law
  3. 3 Whether the respondent exhausted dispute resolution mechanisms under the agreement before filing the case

Ratio Decidendi

The applicant was duly served with summons to appear and defend, as evidenced by the company stamp, but was not notified of the date of judgment as required by Order XX Rule 3A of the Civil Procedure Code. Failure to notify the applicant of the judgment date was a procedural irregularity warranting setting aside the default judgment to cure the injustice.

Court Disposition

Application granted; default judgment set aside.

Orders

  • Default judgment pronounced on 17th October, 2019 set aside.
  • Applicant to file written statement of defence within 21 days from the date of ruling.