20060711 TZHC Mwanza

20060711 TZHC Mwanza

The 1st defendant demonstrated good cause for non-appearance due to the death of the officer served and prompt action upon learning of the case. There was no evidence of indiligence or bad faith. The court's discretion should be exercised to allow the 1st defendant to enter appearance and defend the suit, as ends of substantive justice require matters to be determined on merit.

Citation
20060711 TZHC Mwanza
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 / Interlocutory Application to Set Aside Ex Parte Order and Allow Late Appearance/defence
Outcome
application granted in favour of 1st defendant; case against 2nd defendant withdrawn
Legal Topics
Ex Parte Proceedings, Setting Aside Ex Parte Orders, Extension of Time, Good Cause for Non Appearance
Source Language
English
Civil Procedure Ex Parte Proceedings Setting Aside Ex Parte Orders Extension of Time Good Cause for Non Appearance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

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 / Interlocutory Application to Set Aside Ex Parte Order and Allow Late Appearance/defence

Legal Issues

  1. 1 Whether the 1st defendant has shown good cause for non-appearance and should be allowed to enter appearance and defend the suit out of time
  2. 2 Whether the court should exercise its discretion to set aside the ex parte order against the 1st defendant

Ratio Decidendi

The 1st defendant demonstrated good cause for non-appearance due to the death of the officer served and prompt action upon learning of the case. There was no evidence of indiligence or bad faith. The court's discretion should be exercised to allow the 1st defendant to enter appearance and defend the suit, as ends of substantive justice require matters to be determined on merit.

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application granted in favour of 1st defendant; case against 2nd defendant withdrawn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; written statement of defence due 26/7/2006; reply due 4/8/2006; mention on 10/8/2006
  • Case against 2nd defendant marked withdrawn