19881208 TZHC Dar es Salaam

The application is dismissed as time-barred because the applicant was not under any mistake regarding the consent order and could not rely on s.26(c) of the Law of Limitation Act. Even if in time, no sufficient grounds were established to vary the consent order, as there was no evidence of fraud, collusion, or misapprehension of material facts.

Citation: 19881208 TZHC Dar es Salaam
Parties: Applicant: M/S Esmail International Ltd.; Respondent: B. Kasidi; Respondent: M/S L.J. Richards Ltd.
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 December 1988
Procedural Posture: Civil / Ruling on Application to Vary Consent Order
Outcome: application dismissed
Legal Topics: Variation of Consent Order, Limitation of Actions, Security for Costs
Source Language: English

Civil Procedure Variation of Consent Order Limitation of Actions Security for Costs

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Parties

M/S Esmail International Ltd.

Applicant

B. Kasidi

Respondent

M/S L.J. Richards Ltd.

Respondent

Procedural Posture

Civil / Ruling on Application to Vary Consent Order

Legal Issues

1 Whether the application to vary the consent order is time-barred
2 Whether sufficient grounds exist to vary a consent order under the circumstances

Ratio Decidendi

Court Disposition

application dismissed

Orders

Application to vary the consent order is dismissed as out of time and lacking merit.
Costs awarded to the respondents.