techlong packaging machinery ltd and another vs a one products and bottlers ltd 2020 tzhccomd 1983 14 august 2020

techlong packaging machinery ltd and another vs a one products and bottlers ltd 2020 tzhccomd 1983 14 august 2020

Applicants failed to provide sufficient reasons for not filing written statement of defence; negligence of advocate not fully explained or supported by facts; no special circumstances or allegations of non-service, fraud, or misrepresentation; application dismissed for want of sufficient reason.

Citation
techlong packaging machinery ltd and another vs a one products and bottlers ltd 2020 tzhccomd 1983 14 august 2020
Parties
Applicant: Techlong Packaging Machinery Limited; Applicant: Hong Kong Hua Yun Industrial Limited; Respondent: A-One Products and Bottlers Limited
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
14 August 2020
Procedural Posture
Miscellaneous Commercial Application / Ruling on Application to Set Aside Default Judgment
Outcome
application dismissed with costs
Legal Topics
Setting Aside Default Judgment, Right to Be Heard, Negligence of Advocate
Source Language
English
Civil Procedure Commercial Law Setting Aside Default Judgment Right to Be Heard Negligence of Advocate

Case Brief

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Parties

Techlong Packaging Machinery Limited

Applicant

Hong Kong Hua Yun Industrial Limited

Applicant

A-One Products and Bottlers Limited

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the application to set aside default judgment was filed within time
  2. 2 Whether sufficient reasons were provided for failure to file written statement of defence

Ratio Decidendi

Applicants failed to provide sufficient reasons for not filing written statement of defence; negligence of advocate not fully explained or supported by facts; no special circumstances or allegations of non-service, fraud, or misrepresentation; application dismissed for want of sufficient reason.

Court Disposition

application dismissed with costs

Orders

  • application dismissed in its entirety with costs