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Tanzania decisions
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The High Court at Mwanza set aside a dismissal for want of prosecution and restored the land appeal, finding sufficient cause, curable service defects, and no irremediable prejudice.
The High Court Commercial Division dismissed an application to set aside a default judgment, finding substituted service valid and no arguable defence shown.
The High Court Land Division dismissed an appeal challenging refusal to extend time to set aside an ex parte DLHT judgment, finding service and procedure proper.
The High Court's Commercial Division entered default judgment for Azania Bank after the defendant failed to defend a loan-recovery claim, awarding the outstanding sum, interest, and costs.
The High Court in Mwanza entered default judgment for CRDB Bank PLC after defendants failed to defend a loan default claim despite substituted service.
The High Court Commercial Division dismissed an application to set aside a default judgment, finding no sufficient cause and no convincing challenge to substituted service.
The High Court Commercial Division dismissed an application to set aside a default judgment, finding no sufficient cause and no proven arguable defence.
Since the 2nd and 3rd respondents did not take part in the High Court proceedings and their addresses for service were not provided, the Court has discretion under Rule 84(1) to dispense with the requirement of service of the notice of appeal and related documents on them.
Source excerpt
There was uncertainty regarding the service of summons on the applicant, as there was no clear order for publication and no affidavit of untraceability. This uncertainty constitutes sufficient reason to set aside the ex parte judgment.
Source excerpt
The High Court Commercial Division dismissed NIPO Group’s application to set aside a default judgment, finding no sufficient reason for its failure to file a defence.
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