celina michael vs mtanzania news paper ltd and 6 others 2021 tzhc 3824 30 june 2021

celina michael vs mtanzania news paper ltd and 6 others 2021 tzhc 3824 30 june 2021

The application was granted because there was no sufficient evidence that the applicant was duly notified of the hearing date, and the respondent failed to dispute the applicant's claim of lack of notice. The balance of convenience favored granting the application as no party would be prejudiced.

Citation
celina michael vs mtanzania news paper ltd and 6 others 2021 tzhc 3824 30 june 2021
Parties
Applicant: Celina Michael; Respondent: Mtanzania Newspaper Ltd; Respondent: Mwanaspoti Newspaper Ltd; Respondent: The Editor ITV; Respondent: The Editor Star TV; Respondent: The Editor Channel Ten; Respondent: Rai Newspaper Limited
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 June 2021
Procedural Posture
Misc Civil Application / Ruling on Application to Set Aside Dismissal Order
Outcome
Application granted
Legal Topics
Setting Aside Dismissal, Service of Notice, Audio Teleconference Hearings
Source Language
English
Civil Procedure Setting Aside Dismissal Service of Notice Audio Teleconference Hearings

Case Brief

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Parties

Celina Michael

Applicant

Mtanzania Newspaper Ltd

Respondent

Mwanaspoti Newspaper Ltd

Respondent

The Editor ITV

Respondent

The Editor Star TV

Respondent

The Editor Channel Ten

Respondent

Rai Newspaper Limited

Respondent

Procedural Posture

Misc Civil Application / Ruling on Application to Set Aside Dismissal Order

Legal Issues

  1. 1 Whether the applicant was duly notified of the hearing date before dismissal for want of prosecution
  2. 2 Whether sufficient cause was shown for nonappearance

Ratio Decidendi

The application was granted because there was no sufficient evidence that the applicant was duly notified of the hearing date, and the respondent failed to dispute the applicant's claim of lack of notice. The balance of convenience favored granting the application as no party would be prejudiced.

Court Disposition

Application granted

Orders

  • Dismissal order set aside
  • Each party to bear their own costs