19921028 TZCA Dar es Salaam2

19921028 TZCA Dar es Salaam2

The applicant provided sufficient cause for his absence due to an emergency involving explosives at his gold mines, justifying restoration of the dismissed application. However, the respondent's notice of appeal was subject to striking out due to repeated delays, mismanagement, and failure to prosecute the appeal diligently.

Citation
19921028 TZCA Dar es Salaam2
Parties
Applicant: Dachi Abdallah Dachi; Respondent: Haruna Dachi
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 October 1992
Procedural Posture
Civil Application / Application for Restoration and Striking Out Notice of Appeal
Outcome
Application for restoration granted; notice of appeal struck out with costs.
Legal Topics
Restoration of Application, Striking Out Notice of Appeal, Extension of Time
Source Language
English
Civil Procedure Restoration of Application Striking Out Notice of Appeal Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Dachi Abdallah Dachi

Applicant

Haruna Dachi

Respondent

Procedural Posture

Civil Application / Application for Restoration and Striking Out Notice of Appeal

Legal Issues

  1. 1 Whether the application for restoration of the dismissed application should be granted
  2. 2 Whether the notice of appeal should be struck out for mismanagement and delay

Ratio Decidendi

The applicant provided sufficient cause for his absence due to an emergency involving explosives at his gold mines, justifying restoration of the dismissed application. However, the respondent's notice of appeal was subject to striking out due to repeated delays, mismanagement, and failure to prosecute the appeal diligently.

Court Disposition

Application for restoration granted; notice of appeal struck out with costs.

Orders

  • Application for restoration of dismissed application is allowed.
  • Notice of appeal is struck out with costs.