gesero chacha kengwena vs sarah chacha obogo 2 others 2023 tzhc 21859 18 october 2023

gesero chacha kengwena vs sarah chacha obogo 2 others 2023 tzhc 21859 18 october 2023

The applicant failed to prove illness on the relevant date and did not provide an affidavit from the court clerk to support the claim of being misinformed about the hearing date; thus, no sufficient cause was shown to restore the dismissed application.

Citation
gesero chacha kengwena vs sarah chacha obogo 2 others 2023 tzhc 21859 18 october 2023
Parties
Applicant: Gesero Chacha Keng'wena; 1st Respondent: Sarah Chacha Obogo; 2nd Respondent: Chacha Obogo; 3rd Respondent: Ghati Chacha Obogo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2023
Procedural Posture
Miscellaneous Land Application / Ruling on Application to Set Aside Dismissal and Restore Previous Application
Outcome
Application dismissed
Legal Topics
Restoration of Dismissed Application, Setting Aside Dismissal Order, Ex Parte Proceedings, Proof of Illness as Ground for Non Appearance
Source Language
English
Civil Procedure Land Law Restoration of Dismissed Application Setting Aside Dismissal Order Ex Parte Proceedings Proof of Illness as Ground for Non Appearance

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Parties

Gesero Chacha Keng'wena

Applicant

Sarah Chacha Obogo

1st Respondent

Chacha Obogo

2nd Respondent

Ghati Chacha Obogo

3rd Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application to Set Aside Dismissal and Restore Previous Application

Legal Issues

  1. 1 Whether the applicant provided sufficient cause to set aside the dismissal order and restore Misc. Land Application No. 36 of 2022

Ratio Decidendi

The applicant failed to prove illness on the relevant date and did not provide an affidavit from the court clerk to support the claim of being misinformed about the hearing date; thus, no sufficient cause was shown to restore the dismissed application.

Court Disposition

Application dismissed

Orders

  • Application is hereby dismissed.