20171031 TZHC Dar es Salaam

20171031 TZHC Dar es Salaam

Applicant failed to provide sufficient evidence or reasons for non-appearance; withdrawal letter was received but not acted upon, and no supporting affidavit from registry was provided. Application lacks merit.

Citation
20171031 TZHC Dar es Salaam
Parties
Applicant: Rufiji District Council; Respondent: Eligible (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 October 2017
Procedural Posture
Miscellaneous Civil Application / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application dismissed
Legal Topics
Setting Aside Ex Parte Judgment, Sufficient Cause for Non Appearance, Breach of Contract
Source Language
English
Civil Procedure Contract Law Setting Aside Ex Parte Judgment Sufficient Cause for Non Appearance Breach of Contract

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Parties

Rufiji District Council

Applicant

Eligible (T) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has advanced sufficient reasons for non-appearance to set aside the ex parte judgment

Ratio Decidendi

Applicant failed to provide sufficient evidence or reasons for non-appearance; withdrawal letter was received but not acted upon, and no supporting affidavit from registry was provided. Application lacks merit.

Court Disposition

Application dismissed

Orders

  • Application dismissed with costs
  • Right of appeal explained