esther joseph ogutu vs equity bank another 2022 tzhclandd 259 22 april 2022

The applicant provided sufficient cause for nonappearance due to her advocate's illness and death, and the respondents would not suffer prejudice by restoration. The wrong citation of procedural rule was not fatal to the application.

Citation: esther joseph ogutu vs equity bank another 2022 tzhclandd 259 22 april 2022
Parties: Applicant: Esther Joseph Ogutu; 1st Respondent: Equity Bank; 2nd Respondent: Comrade Auction Mart Company Ltd
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 22 April 2022
Procedural Posture: Miscellaneous Land Case Application / Ruling on Application to Set Aside Dismissal Order
Outcome: Application granted
Legal Topics: Setting Aside Dismissal Order, Non Appearance, Restoration of Suit
Source Language: English

Civil Procedure Land Law Setting Aside Dismissal Order Non Appearance Restoration of Suit

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Parties

Esther Joseph Ogutu

Applicant

Equity Bank

1st Respondent

Comrade Auction Mart Company Ltd

2nd Respondent

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application to Set Aside Dismissal Order

Legal Issues

1 Whether the applicant has adduced sufficient reasons to warrant setting aside the dismissal order for non-appearance
2 Whether the application was brought under the correct legal provision

Ratio Decidendi

Court Disposition

Application granted

Orders

Land Case No. 163 of 2021 restored to the register for continuation from where it stopped
No order as to costs