herbert rogers mwaimu vs abdallah chumu yusuf 2020 tzhclandd 2240 21 september 2020

herbert rogers mwaimu vs abdallah chumu yusuf 2020 tzhclandd 2240 21 september 2020

The applicant demonstrated sufficient cause for non-appearance and delay due to illness, supported by medical evidence, and the respondent failed to challenge the application; therefore, the application for extension of time and setting aside the dismissal order is granted.

Citation
herbert rogers mwaimu vs abdallah chumu yusuf 2020 tzhclandd 2240 21 september 2020
Parties
Applicant: Herbert Rogers Mwaimu; Respondent: Abdallah Chumu Yusuph
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
21 September 2020
Procedural Posture
Miscellaneous Land Application / Ruling on Application for Extension of Time and Setting Aside Dismissal Order
Outcome
Application allowed
Legal Topics
Extension of Time, Setting Aside Dismissal Order, Restoration of Appeal, Non Compliance With Court Orders
Source Language
English
Civil Procedure Land Law Extension of Time Setting Aside Dismissal Order Restoration of Appeal Non Compliance With Court Orders

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Parties

Herbert Rogers Mwaimu

Applicant

Abdallah Chumu Yusuph

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application for Extension of Time and Setting Aside Dismissal Order

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to set aside the dismissal order
  2. 2 Whether the dismissal order should be set aside and the appeal restored

Ratio Decidendi

The applicant demonstrated sufficient cause for non-appearance and delay due to illness, supported by medical evidence, and the respondent failed to challenge the application; therefore, the application for extension of time and setting aside the dismissal order is granted.

Court Disposition

Application allowed

Orders

  • Dismissal order of 25th June, 2018 set aside
  • Land Appeal No. 136 of 2016 restored