fatuma kitwana yusuph vs millenium microfinance ltd and another 2021 tzhclandd 183 7 may 2021

fatuma kitwana yusuph vs millenium microfinance ltd and another 2021 tzhclandd 183 7 may 2021

The trial chairperson erred by disregarding the unopposed affidavit evidence justifying the appellant's non-appearance, particularly the advocate's appearance in the High Court. The refusal to set aside the dismissal order was not supported by the facts and legal principles applicable to restoration of proceedings.

Citation
fatuma kitwana yusuph vs millenium microfinance ltd and another 2021 tzhclandd 183 7 may 2021
Parties
Appellant: Fatuma Kitwana Yusuph; 1st Respondent: Millenium Microfinance (T) Ltd; 2nd Respondent: Mbogo Auction Mart & Real Agency Co. Ltd
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 May 2021
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Setting Aside Dismissal, Restoration of Proceedings, Sufficient Cause for Non Appearance
Source Language
English
Land Law Civil Procedure Setting Aside Dismissal Restoration of Proceedings Sufficient Cause for Non Appearance

Case Brief

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Parties

Fatuma Kitwana Yusuph

Appellant

Millenium Microfinance (T) Ltd

1st Respondent

Mbogo Auction Mart & Real Agency Co. Ltd

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant demonstrated sufficient cause for non-appearance leading to dismissal of her application
  2. 2 Whether the trial tribunal erred in refusing to set aside the dismissal order and restore the proceedings

Ratio Decidendi

The trial chairperson erred by disregarding the unopposed affidavit evidence justifying the appellant's non-appearance, particularly the advocate's appearance in the High Court. The refusal to set aside the dismissal order was not supported by the facts and legal principles applicable to restoration of proceedings.

Court Disposition

appeal allowed

Orders

  • The ruling of the trial tribunal refusing to set aside the dismissal order is set aside.
  • Order setting aside the dismissal order and restoring the main application.