moses vs khatibu 2008 tzhc 1 20 february 200

moses vs khatibu 2008 tzhc 1 20 february 200

The applicant was not notified of the dismissal order and only became aware of it after the time for applying to set aside the order had expired; this constitutes sufficient cause to grant extension of time.

Citation
moses vs khatibu 2008 tzhc 1 20 february 200
Parties
Applicant: Charles Moses; Respondent: Shamte Khatibu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 2008
Procedural Posture
PC Civil Appeal / Application for Extension of Time to Set Aside Dismissal Order
Outcome
Application granted
Legal Topics
Extension of Time, Setting Aside Dismissal Order, Notice of Hearing
Source Language
English
Civil Procedure Extension of Time Setting Aside Dismissal Order Notice of Hearing

Case Brief

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Parties

Charles Moses

Applicant

Shamte Khatibu

Respondent

Procedural Posture

PC Civil Appeal / Application for Extension of Time to Set Aside Dismissal Order

Legal Issues

  1. 1 Whether lack of notice of hearing constitutes sufficient cause for extension of time to set aside dismissal order
  2. 2 Whether lack of awareness of the dismissal order justifies extension of time

Ratio Decidendi

The applicant was not notified of the dismissal order and only became aware of it after the time for applying to set aside the order had expired; this constitutes sufficient cause to grant extension of time.

Court Disposition

Application granted

Orders

  • Applicant to file application for restoration of appeal within two weeks from the date of this ruling