19980928 TZHC Dar es Salaam

19980928 TZHC Dar es Salaam

The reasons advanced by the defendant for non-appearance were not sufficient to warrant setting aside the ex parte judgment; the evidence showed the defendant was mistaken about the time and failed to specifically deny this assertion.

Citation
19980928 TZHC Dar es Salaam
Parties
Plaintiff: Tricor Ltd; Defendant: City Commission D'Salaam
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 September 1998
Procedural Posture
Civil / Application to Set Aside Ex Parte Judgment
Outcome
Application dismissed with costs
Legal Topics
Ex Parte Judgment, Setting Aside Judgment, Mediation Default
Source Language
English
Civil Procedure Ex Parte Judgment Setting Aside Judgment Mediation Default

Case Brief

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Parties

Tricor Ltd

Plaintiff

City Commission D'Salaam

Defendant

Procedural Posture

Civil / Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether sufficient reasons were provided to set aside the ex parte judgment entered due to non-appearance at mediation

Ratio Decidendi

The reasons advanced by the defendant for non-appearance were not sufficient to warrant setting aside the ex parte judgment; the evidence showed the defendant was mistaken about the time and failed to specifically deny this assertion.

Court Disposition

Application dismissed with costs

Orders

  • Application to set aside ex parte judgment is dismissed with costs