charles moses vs shamte khatibu 2008 tzhc 233 20 february 2008

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

Citation: charles moses vs shamte khatibu 2008 tzhc 233 20 february 2008
Parties: Applicant: Charles Moses; Respondent: Shamte Khatibu
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 20 February 2008
Procedural Posture: PC Civil Appeal / Application for Extension of Time to Set Aside Dismissal Order
Outcome: Application granted
Legal Topics: Extension of Time, Dismissal of Appeal, Restoration of Appeal
Source Language: English

Civil Procedure Extension of Time Dismissal of Appeal Restoration of Appeal

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

Ratio Decidendi

The applicant was not notified of the dismissal order and only became aware of it after the time to apply for setting aside 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 ruling