nabro limited and another vs national bank of commerce ltd 2007 tzhccomd 27 1 august 2007

nabro limited and another vs national bank of commerce ltd 2007 tzhccomd 27 1 august 2007

The applicants established, on a balance of probabilities, that their counsel was engaged in the Court of Appeal on the hearing date, constituting sufficient cause for non-appearance. Although doubts existed regarding the summonses, absence of rebuttal evidence from the respondent led the court to accept the applicants' explanation. Negligence in organizing the diary is compensable by costs.

Citation
nabro limited and another vs national bank of commerce ltd 2007 tzhccomd 27 1 august 2007
Parties
Defendant: Nabro Limited; Defendant: Meeda Reuben Naburi; Respondent: National Bank of Commerce Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
1 August 2007
Procedural Posture
Application to Set Aside Ex Parte Judgment / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application allowed; ex parte judgment set aside conditionally.
Legal Topics
Ex Parte Judgment, Setting Aside Ex Parte Decree, Sufficient Cause for Non Appearance, Adjournment, Costs
Source Language
English
Civil Procedure Ex Parte Judgment Setting Aside Ex Parte Decree Sufficient Cause for Non Appearance Adjournment Costs

Case Brief

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Parties

Nabro Limited

Defendant

Meeda Reuben Naburi

Defendant

National Bank of Commerce Ltd

Respondent

Procedural Posture

Application to Set Aside Ex Parte Judgment / Ruling on Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the applicants have shown sufficient cause for non-appearance on the date of hearing to justify setting aside the ex parte judgment

Ratio Decidendi

The applicants established, on a balance of probabilities, that their counsel was engaged in the Court of Appeal on the hearing date, constituting sufficient cause for non-appearance. Although doubts existed regarding the summonses, absence of rebuttal evidence from the respondent led the court to accept the applicants' explanation. Negligence in organizing the diary is compensable by costs.

Court Disposition

Application allowed; ex parte judgment set aside conditionally.

Orders

  • Ex parte decree set aside.
  • Applicants to deposit TZS 1,000,000 in court as deposit for respondent's costs for the last adjournment and this application, to be taxed, before the next date of hearing of the defence.