19890217 TZHC Dar es Salaam

19890217 TZHC Dar es Salaam

The affidavit supporting the application was defective in its vital parts and did not provide good cause for absence; neither the appellant nor his advocate provided sufficient reason for their absence; the application was properly dismissed as to both respondents.

Citation
19890217 TZHC Dar es Salaam
Parties
Appellant: Bers W. Mojpidi; 1st Respondent: Dar es Salaam City Council; 2nd Respondent: M/s Almet Impex (T) Ltd
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
17 February 1989
Procedural Posture
Civil Appeal / Appeal From Ruling Dismissing Application to Restore Suit
Outcome
Appeal dismissed
Legal Topics
Restoration of Suit, Dismissal for Non Appearance, Affidavit Defects, Negligence of Counsel
Source Language
English
Civil Procedure Restoration of Suit Dismissal for Non Appearance Affidavit Defects Negligence of Counsel

Case Brief

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Parties

Bers W. Mojpidi

Appellant

Dar es Salaam City Council

1st Respondent

M/s Almet Impex (T) Ltd

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From Ruling Dismissing Application to Restore Suit

Legal Issues

  1. 1 Whether the affidavit supporting the application to restore the suit was fatally defective
  2. 2 Whether the appellant or his advocate had good cause for absence when the suit was dismissed
  3. 3 Whether the application should have been granted as against the first respondent who did not oppose it

Ratio Decidendi

The affidavit supporting the application was defective in its vital parts and did not provide good cause for absence; neither the appellant nor his advocate provided sufficient reason for their absence; the application was properly dismissed as to both respondents.

Court Disposition

Appeal dismissed

Orders

  • Respondents to have their costs