20200622 TZHC Dar es Salaam

The applicant failed to provide sufficient cause for non-appearance, as the reasons given were unsubstantiated and based on hearsay; dismissal at a pre-trial conference is proper as appearance is mandatory.

Citation: 20200622 TZHC Dar es Salaam
Parties: Applicant / Plaintiff: Tumaini Justin Mghamba; 1st Respondent / Defendant: Commissioner for Lands; 2nd Respondent / Defendant: Hon. Attorney General
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 22 June 2020
Procedural Posture: Misc. Civil Application / Ruling on Application to Set Aside Dismissal Order and Restore Suit
Outcome: Application dismissed
Legal Topics: Restoration of Dismissed Suit, Dismissal for Non Appearance, Sufficient Cause, Mention Vs. Hearing Date
Source Language: English

Civil Procedure Restoration of Dismissed Suit Dismissal for Non Appearance Sufficient Cause Mention Vs. Hearing Date

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Parties

Tumaini Justin Mghamba

Applicant / Plaintiff

Commissioner for Lands

1st Respondent / Defendant

Hon. Attorney General

2nd Respondent / Defendant

Procedural Posture

Misc. Civil Application / Ruling on Application to Set Aside Dismissal Order and Restore Suit

Legal Issues

1 Whether the applicant showed sufficient cause for non-appearance to warrant restoration of the dismissed suit
2 Whether dismissal at a pre-trial conference or mention date is proper

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Application to set aside dismissal order is dismissed for lack of sufficient cause.
Costs are waived due to ex-parte hearing.