20070809 TZHC tABORA
The applicant demonstrated sufficient cause for his absence, satisfying the requirements of Rule 17, warranting restoration of the appeal.
- Citation
- 20070809 TZHC tABORA
- Parties
- Applicant: Maduhu s/o Kulwa; Respondent: Nkinga s/o Seni
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 August 2007
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Restoration of Appeal
- Outcome
- Application allowed; appeal restored
- Legal Topics
- Restoration of Appeal, Default of Appearance, Sufficient Cause
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Maduhu s/o Kulwa
Applicant
Nkinga s/o Seni
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Restoration of Appeal
Legal Issues
- 1 Whether sufficient cause was shown for non-appearance by the applicant when the appeal was called for hearing
- 2 Whether the appeal should be restored under Rule 17
Ratio Decidendi
The applicant demonstrated sufficient cause for his absence, satisfying the requirements of Rule 17, warranting restoration of the appeal.
Court Disposition
Application allowed; appeal restored
Orders
- Applicant's appeal is re-admitted
- Applicant to bear respondent's costs for 23/8/2005
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