beatus malima vs dremmanuel malangalila 2020 tzhclandd 155 26 may 2020

The applicant's counsel's reason for late appearance was sufficient; denying the application would unjustly punish the 1st defendant and deny his right to be heard.

Citation: beatus malima vs dremmanuel malangalila 2020 tzhclandd 155 26 may 2020
Parties: Applicant: Beatus Malima; 1st Respondent: Dr. Emmanuel Malangalila; 2nd Respondent: Kinondoni Municipal Council
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 26 May 2020
Procedural Posture: Miscellaneous Land Application / Ruling on Application to Set Aside Order Striking Out Defence
Outcome: Application granted
Legal Topics: Setting Aside Orders, Right to Be Heard, Non Appearance Due to External Circumstances
Source Language: English

Civil Procedure Land Law Setting Aside Orders Right to Be Heard Non Appearance Due to External Circumstances

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Parties

Beatus Malima

Applicant

Dr. Emmanuel Malangalila

1st Respondent

Kinondoni Municipal Council

2nd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application to Set Aside Order Striking Out Defence

Legal Issues

1 Whether the reason for counsel's late appearance is sufficient to set aside the order striking out the defence
2 Whether denying the application would deny the 1st defendant the right to be heard

Ratio Decidendi

The applicant's counsel's reason for late appearance was sufficient; denying the application would unjustly punish the 1st defendant and deny his right to be heard.

Court Disposition

Application granted

Orders

Order striking out Written Statement of Defence of 1st defendant in Land Case No. 408 of 2016 set aside
Suit to proceed as appropriate