mwanza director refrigeration coltd vs regional manager tanesco ltd mwanza another 2006 tzhc 266 11 july 2006

mwanza director refrigeration coltd vs regional manager tanesco ltd mwanza another 2006 tzhc 266 11 july 2006

The 1st defendant showed good cause for non-appearance due to the death of the officer served and prompt action upon learning of the case. The court's discretion should be exercised to allow hearing on the merits, as there was no evidence of delay or bad faith. Procedural rules serve justice and should not be used to defeat it.

Citation
mwanza director refrigeration coltd vs regional manager tanesco ltd mwanza another 2006 tzhc 266 11 july 2006
Parties
Plaintiff: M/S WEW Refrigeration Co. Ltd; 1st Defendant: The Regional Manager TANESCO Ltd. Mwanza; 2nd Defendant: The Presidential Parastatal Sector Reform Commission
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 July 2006
Procedural Posture
Civil / Ruling on Application to Set Aside Ex Parte Order and Allow Late Appearance
Outcome
application granted in favour of 1st defendant; case against 2nd defendant withdrawn
Legal Topics
Ex Parte Proceedings, Setting Aside Ex Parte Orders, Late Appearance, Good Cause for Delay
Source Language
English
Civil Procedure Ex Parte Proceedings Setting Aside Ex Parte Orders Late Appearance Good Cause for Delay

Case Brief

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Parties

M/S WEW Refrigeration Co. Ltd

Plaintiff

The Regional Manager TANESCO Ltd. Mwanza

1st Defendant

The Presidential Parastatal Sector Reform Commission

2nd Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Ex Parte Order and Allow Late Appearance

Legal Issues

  1. 1 Whether the 1st defendant should be allowed to enter appearance and defend the suit out of time
  2. 2 Whether sufficient cause was shown for non-appearance by the 1st defendant

Ratio Decidendi

The 1st defendant showed good cause for non-appearance due to the death of the officer served and prompt action upon learning of the case. The court's discretion should be exercised to allow hearing on the merits, as there was no evidence of delay or bad faith. Procedural rules serve justice and should not be used to defeat it.

Court Disposition

application granted in favour of 1st defendant; case against 2nd defendant withdrawn

Orders

  • 1st defendant permitted to enter appearance and defend the suit; no order as to costs
  • Case against 2nd defendant marked withdrawn