19790625 TZHC Mwanza

19790625 TZHC Mwanza

District Magistrate failed to consider appellant's application for re-admission and did not apply Rule 17; records returned with direction to apply Rule 17 and consider re-admission if sufficient cause is shown.

Citation
19790625 TZHC Mwanza
Parties
Appellant: Elias Libinde; Respondent: Silipo Minta
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
25 June 1979
Procedural Posture
Civil Appeal / Appeal From Dismissal for Want of Appearance
Outcome
records returned to District Magistrate with direction to apply Rule 17 and consider re-admission
Legal Topics
Appeal Dismissal, Re Admission of Appeal, Sufficient Cause for Non Appearance
Source Language
English
Civil Procedure Appeal Dismissal Re Admission of Appeal Sufficient Cause for Non Appearance

Case Brief

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Parties

Elias Libinde

Appellant

Silipo Minta

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal for Want of Appearance

Legal Issues

  1. 1 Whether the District Court erred in dismissing the appeal for want of appearance without considering re-admission under Rule 17 of Civil Procedure Rules

Ratio Decidendi

District Magistrate failed to consider appellant's application for re-admission and did not apply Rule 17; records returned with direction to apply Rule 17 and consider re-admission if sufficient cause is shown.

Court Disposition

records returned to District Magistrate with direction to apply Rule 17 and consider re-admission

Orders

  • District Magistrate to apply Rule 17 of Civil Procedure (Primary Courts) Rules, 1963 and consider re-admission of appeal if sufficient cause for default in appearance is shown