19990914 TZHC Dar es Salaam

19990914 TZHC Dar es Salaam

Section 93 of the Civil Procedure Code is a proper enabling provision for enlarging time, and there was no reason to disbelieve the applicant's counsel's affidavit; thus, the application to set aside the ex-parte judgment and dismissal order was granted.

Citation
19990914 TZHC Dar es Salaam
Parties
Plaintiff/applicant: National Bank of Commerce; Defendant/respondent: Sigsbert Sefu Makorongo t/a Small Scale Enterpreneours
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
14 September 1999
Procedural Posture
Civil / Ruling on Application to Set Aside Ex Parte Judgment and Dismissal Order
Outcome
Application granted
Legal Topics
Setting Aside Ex Parte Judgment, Extension of Time, Counter Claim
Source Language
English
Civil Procedure Setting Aside Ex Parte Judgment Extension of Time Counter Claim

Case Brief

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Parties

National Bank of Commerce

Plaintiff/applicant

Sigsbert Sefu Makorongo t/a Small Scale Enterpreneours

Defendant/respondent

Procedural Posture

Civil / Ruling on Application to Set Aside Ex Parte Judgment and Dismissal Order

Legal Issues

  1. 1 Whether the application to set aside ex-parte judgment and dismissal order was competent under the cited provisions
  2. 2 Whether the applicant had sufficient cause for non-appearance and delay

Ratio Decidendi

Section 93 of the Civil Procedure Code is a proper enabling provision for enlarging time, and there was no reason to disbelieve the applicant's counsel's affidavit; thus, the application to set aside the ex-parte judgment and dismissal order was granted.

Court Disposition

Application granted

Orders

  • Dismissal order and ex-parte judgment set aside
  • Reply to the counterclaim to be filed by 30/9/99