nipo group ltd vs sao hill industries ltd 2022 tzhccomd 305 23 september 2022

Applicant failed to adduce sufficient reasons for not filing defence; evidence shows proper service was effected, including personal and substituted service. Failure to reply to counter affidavit amounts to admission of facts. Substituted service by publication is legally sufficient.

Citation: nipo group ltd vs sao hill industries ltd 2022 tzhccomd 305 23 september 2022
Parties: Applicant: NIPO Group Ltd; Respondent: SAO Hill Industries Ltd
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 23 September 2022
Procedural Posture: Miscellaneous Commercial Application / Ruling on Application to Set Aside Default Judgment
Outcome: Application dismissed with costs
Legal Topics: Default Judgment, Service of Process, Right to Be Heard, Substituted Service
Source Language: English

Civil Procedure Commercial Law Default Judgment Service of Process Right to Be Heard Substituted Service

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

NIPO Group Ltd

Applicant

SAO Hill Industries Ltd

Respondent

Procedural Posture

Miscellaneous Commercial Application / Ruling on Application to Set Aside Default Judgment

Legal Issues

1 Whether sufficient reasons were adduced to set aside the default judgment
2 Whether service of summons was properly effected on the Applicant

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

Misc. Commercial Application No.83 of 2022 dismissed in its entirety
Dismissal with costs