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Tanzania decisions
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The High Court’s Land Division granted KCB Bank Tanzania Limited extension of time and set aside an order striking out its defence, restoring the written statement of defence.
The High Court struck out an application to set aside an ex parte order, holding that Order IX Rule 4 did not apply and that the application was premature.
The High Court set aside an ex parte order after finding that service of summons was not properly proved under Order V Rule 27 of the Civil Procedure Code.
The applicant demonstrated diligence and provided medical evidence for absence; the delay was not inordinate and was properly accounted for. The application was filed promptly after obtaining the necessary order, and the right to be heard should be preserved.
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The High Court Land Division held that it was functus officio after dismissing the suit for want of prosecution, so the applicant’s remedy was appeal, not setting aside the order.
The High Court Land Division held the application to set aside a dismissal order was barred by res judicata and dismissed it, finding the court functus officio.
The High Court set aside an order striking out a taxation cause for want of prosecution, restoring the matter because summons ordered by the court were not shown to have been served.
The applicant demonstrated sufficient reasons for the delay, including confusion due to change of attorneys and absence during the relevant period. There was no inordinate delay, and the applicant showed diligence and interest in exercising the right to be heard. The court exercised its discretion to extend time and set aside the previous order, restoring the applicant's defence.
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The High Court in Mwanza allowed an application to set aside dismissal for nonappearance and restored Civil Appeal No. 25 of 2019, finding sufficient cause and no prejudice to the respondent.
The High Court of Tanzania set aside an order striking out a defence after counsel arrived late due to traffic blocked by a government motorcade.
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