hassan hamis nzomari vs edmund thomasi lusebe and 3 others 2020 tzhclandd 3981 27 november 2020

hassan hamis nzomari vs edmund thomasi lusebe and 3 others 2020 tzhclandd 3981 27 november 2020

The applicant demonstrated sufficient cause for non-appearance as he was present in court premises but did not hear his case being called, and acted promptly to address the dismissal.

Citation
hassan hamis nzomari vs edmund thomasi lusebe and 3 others 2020 tzhclandd 3981 27 november 2020
Parties
Applicant: Hassan Hamis Nzomari; 1st Respondent: Edmund Thomasi Lusebe; 2nd Respondent: Salum Said; 3rd Respondent: Baltazari Joseph Kimaro; 4th Respondent: Mkoba A
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
27 November 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application to Set Aside Dismissal and Restore Appeal
Outcome
Application granted
Legal Topics
Setting Aside Dismissal, Restoration of Appeal, Non Appearance Justification
Source Language
English
Civil Procedure Land Law Setting Aside Dismissal Restoration of Appeal Non Appearance Justification

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Parties

Hassan Hamis Nzomari

Applicant

Edmund Thomasi Lusebe

1st Respondent

Salum Said

2nd Respondent

Baltazari Joseph Kimaro

3rd Respondent

Mkoba A

4th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sufficient cause was shown for applicant's non-appearance on the date of dismissal
  2. 2 Whether the order dismissing Misc. Land Appeal No. 176 of 2017 should be set aside and the appeal restored

Ratio Decidendi

The applicant demonstrated sufficient cause for non-appearance as he was present in court premises but did not hear his case being called, and acted promptly to address the dismissal.

Court Disposition

Application granted

Orders

  • Order dismissing Misc. Land Appeal No. 176 of 2017 set aside
  • Appeal restored