hassan ally mfaume vs salehe hamadi and another 2021 tzhcced 5560 31 august 2021

hassan ally mfaume vs salehe hamadi and another 2021 tzhcced 5560 31 august 2021

The applicant provided sufficient explanation for his non-appearance, demonstrated interest in pursuing the appeal, and took steps to reinstitute the appeal. The respondent did not oppose the application, and no prejudice would be caused by granting the application. Therefore, the dismissal order should be set aside and the appeal restored.

Citation
hassan ally mfaume vs salehe hamadi and another 2021 tzhcced 5560 31 august 2021
Parties
Applicant: Hassan Ally Mfaume; 1st Respondent: Salehe Hamadi; 2nd Respondent: Mohamed Hamadi
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
31 August 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application to Set Aside Dismissal Order
Outcome
Application granted
Legal Topics
Setting Aside Dismissal Order, Restoration of Appeal, Sufficient Cause for Non Appearance
Source Language
English
Civil Procedure Land Law Setting Aside Dismissal Order Restoration of Appeal Sufficient Cause for Non Appearance

Case Brief

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Parties

Hassan Ally Mfaume

Applicant

Salehe Hamadi

1st Respondent

Mohamed Hamadi

2nd Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for non-appearance when the appeal was called for hearing
  2. 2 Whether the dismissal order in Land Appeal No. 61 of 2013 should be set aside

Ratio Decidendi

The applicant provided sufficient explanation for his non-appearance, demonstrated interest in pursuing the appeal, and took steps to reinstitute the appeal. The respondent did not oppose the application, and no prejudice would be caused by granting the application. Therefore, the dismissal order should be set aside and the appeal restored.

Court Disposition

Application granted

Orders

  • Land Appeal No. 61 of 2013 is restored to the register for continuation from where it stopped when it was dismissed for want of prosecution.
  • No order as to costs.