abdi alli salehe vs asac care unit limited others 2015 tzhc 2131 27 november 2015

Absence of evidence of service of notice of hearing on the applicant or his counsel after reassignment of the case constitutes sufficient cause to set aside the dismissal order and restore the suit.

Citation: abdi alli salehe vs asac care unit limited others 2015 tzhc 2131 27 november 2015
Parties: Applicant: Abdi Alli Salehe; 1st Respondent: ASAC Care Unit Limited; 2nd Respondent: Ayub Saleh Chamshama; 3rd Respondent: Kenya Commercial Bank Limited (now KCB (Tanzania) Ltd)
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 27 November 2015
Procedural Posture: Miscellaneous Land Application / Ruling on Application to Set Aside Dismissal Order
Outcome: Application granted
Legal Topics: Setting Aside Dismissal, Service of Process, Restoration of Suit
Source Language: English

Civil Procedure Land Law Setting Aside Dismissal Service of Process Restoration of Suit

Case Brief

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Parties

Abdi Alli Salehe

Applicant

ASAC Care Unit Limited

1st Respondent

Ayub Saleh Chamshama

2nd Respondent

Kenya Commercial Bank Limited (now KCB (Tanzania) Ltd)

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application to Set Aside Dismissal Order

Legal Issues

1 Whether the applicant was duly served with notice of hearing after reassignment of the case
2 Whether there was sufficient cause to set aside the dismissal order

Ratio Decidendi

Absence of evidence of service of notice of hearing on the applicant or his counsel after reassignment of the case constitutes sufficient cause to set aside the dismissal order and restore the suit.

Court Disposition

Application granted

Orders

Dismissal order in Land Case No. 71/2011 set aside
Land Case No. 71/2011 restored