tanzania postal bank vs shani omary 2005 tzhc 268 15 july 2005

tanzania postal bank vs shani omary 2005 tzhc 268 15 july 2005

The applicant failed to establish sufficient cause for non-appearance as required by Order 9 Rule 13(1) CPC. Engagement of the advocate in another court does not constitute sufficient cause under the law. The application to set aside the ex parte order is dismissed.

Source-derived case information.

Citation
tanzania postal bank vs shani omary 2005 tzhc 268 15 july 2005
Parties
Applicant: Tanzania Postal Bank; Respondent: Shani Omary
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 July 2005
Procedural Posture
Misc. Civil Application / Ruling on Application to Set Aside Ex Parte Order
Outcome
Application dismissed
Legal Topics
Setting Aside Ex Parte Orders, Sufficient Cause for Non Appearance, Adjournment of Proceedings, Affidavit Evidence
Source Language
english
Civil Procedure Setting Aside Ex Parte Orders Sufficient Cause for Non Appearance Adjournment of Proceedings Affidavit Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tanzania Postal Bank

Applicant

Shani Omary

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application to Set Aside Ex Parte Order

Legal Issues

  1. 1 Whether the applicant established sufficient cause for non-appearance under Order 9 Rule 13(1) CPC
  2. 2 Whether attendance of advocate in another court constitutes sufficient cause for non-appearance
  3. 3 Whether the ex parte order should be set aside

Ratio Decidendi

The applicant failed to establish sufficient cause for non-appearance as required by Order 9 Rule 13(1) CPC. Engagement of the advocate in another court does not constitute sufficient cause under the law. The application to set aside the ex parte order is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to set aside ex parte order is dismissed