yusuph khamis kitumbo vs maendeleo bank plc 2023 tzhccomd 101 5 april 2023

yusuph khamis kitumbo vs maendeleo bank plc 2023 tzhccomd 101 5 april 2023

The applicant failed to demonstrate any exceptional circumstance or cogent reason to warrant setting aside the ex-parte judgment, as he was aware of the suit, appeared in court, and failed to show a good defense or proof of loan repayment.

Citation
yusuph khamis kitumbo vs maendeleo bank plc 2023 tzhccomd 101 5 april 2023
Parties
Applicant: Yusuph Hamis Kitumbo; Respondent: Maendeleo Bank PLC
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
5 April 2023
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Ex Parte Judgment
Outcome
Application dismissed with costs to the respondent.
Legal Topics
Setting Aside Ex Parte Judgment, Service of Summons, Loan Repayment, Right to Be Heard
Source Language
English
Civil Procedure Banking Law Setting Aside Ex Parte Judgment Service of Summons Loan Repayment Right to Be Heard

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Parties

Yusuph Hamis Kitumbo

Applicant

Maendeleo Bank PLC

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant demonstrated sufficient cause to set aside the ex-parte judgment
  2. 2 Whether the applicant was duly served with summons in the main suit
  3. 3 Whether the applicant has a good defense to the main suit

Ratio Decidendi

The applicant failed to demonstrate any exceptional circumstance or cogent reason to warrant setting aside the ex-parte judgment, as he was aware of the suit, appeared in court, and failed to show a good defense or proof of loan repayment.

Court Disposition

Application dismissed with costs to the respondent.

Orders

  • The application is dismissed.
  • The dismissal order is with costs to the respondent.