nas hauliers limited vs yamuna petroleum ltd 2022 tzhccomd 107 29 april 2022

nas hauliers limited vs yamuna petroleum ltd 2022 tzhccomd 107 29 april 2022

The Applicant failed to demonstrate sufficient grounds for setting aside the ex-parte judgment. The reasons advanced for non-appearance of the witness were afterthoughts and not substantiated during trial. The right to be heard was not breached as the Applicant had opportunity to cross-examine the Plaintiff's...

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Citation
nas hauliers limited vs yamuna petroleum ltd 2022 tzhccomd 107 29 april 2022
Parties
Applicant: NAS Hauliers Limited; Respondent: Yamuna Petroleum Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
29 April 2022
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application dismissed with costs
Legal Topics
Ex Parte Judgment, Right to Be Heard, Setting Aside Judgment, Adjournment, Natural Justice
Source Language
english
Civil Procedure Commercial Law Ex Parte Judgment Right to Be Heard Setting Aside Judgment Adjournment Natural Justice

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Parties

NAS Hauliers Limited

Applicant

Yamuna Petroleum Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Applicant has shown sufficient grounds to set aside the ex-parte judgment
  2. 2 Whether denial of adjournment and striking out of witness statement breached the right to be heard

Ratio Decidendi

The Applicant failed to demonstrate sufficient grounds for setting aside the ex-parte judgment. The reasons advanced for non-appearance of the witness were afterthoughts and not substantiated during trial. The right to be heard was not breached as the Applicant had opportunity to cross-examine the Plaintiff's witnesses and the defence statement remained on record. Interest of justice does not warrant setting aside the judgment in this case.

Court Disposition

Application dismissed with costs

Orders

  • Application to set aside ex-parte judgment is dismissed
  • Applicant to pay costs