bahati mussa hamisi mtopa vs salum rashid 2019 tzca 69 8 february 2019

bahati mussa hamisi mtopa vs salum rashid 2019 tzca 69 8 february 2019

The applicant's non-appearance was caused by a bona fide mistake of her advocate, who misread the hearing notice and failed to facilitate travel. The applicant was innocent and acted on legal aid counsel's instructions. Such human error constitutes sufficient cause for restoration under Rule 63 of the Tanzania Court of Appeal Rules, 2009.

Citation
bahati mussa hamisi mtopa vs salum rashid 2019 tzca 69 8 february 2019
Parties
Applicant: Applicant (unnamed); Respondent: Respondent (unnamed)
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 February 2019
Procedural Posture
Application for Restoration of Civil Reference / Ruling on Restoration Application
Outcome
Application granted
Legal Topics
Restoration of Dismissed Reference, Sufficient Cause for Non Appearance, Legal Aid Representation
Source Language
English
Civil Procedure Restoration of Dismissed Reference Sufficient Cause for Non Appearance Legal Aid Representation

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Parties

Applicant (unnamed)

Applicant

Respondent (unnamed)

Respondent

Procedural Posture

Application for Restoration of Civil Reference / Ruling on Restoration Application

Legal Issues

  1. 1 Whether sufficient cause was shown for non-appearance when Civil Reference No. 15 of 2017 was called for hearing
  2. 2 Whether the applicant's advocate's mistake constitutes sufficient cause for restoration

Ratio Decidendi

The applicant's non-appearance was caused by a bona fide mistake of her advocate, who misread the hearing notice and failed to facilitate travel. The applicant was innocent and acted on legal aid counsel's instructions. Such human error constitutes sufficient cause for restoration under Rule 63 of the Tanzania Court of Appeal Rules, 2009.

Court Disposition

Application granted

Orders

  • Civil Reference No. 15 of 2017 is restored