20160330 tzhc arusha

Applicant failed to provide credible evidence for absence on 21/4/2015; medical exemption ended 25/3/2015, and applicant attended court on 8/4/2015, thus illness was not a valid excuse.

Citation: 20160330 tzhc arusha
Parties: Applicant: Barnabas Margwe; Respondent: Kela Lago
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 30 March 2016
Procedural Posture: Miscellaneous Civil Application / Ruling
Outcome: Application dismissed
Legal Topics: Setting Aside Orders, Striking Out for Want of Prosecution
Source Language: English

Civil Procedure Setting Aside Orders Striking Out for Want of Prosecution

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Parties

Barnabas Margwe

Applicant

Kela Lago

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling

Legal Issues

1 Whether the applicant's failure to attend court on 21/4/2015 was excusable and not of his own making

Ratio Decidendi

Applicant failed to provide credible evidence for absence on 21/4/2015; medical exemption ended 25/3/2015, and applicant attended court on 8/4/2015, thus illness was not a valid excuse.

Court Disposition

Application dismissed

Orders

No order as to costs
Right of appeal explained