19910608 TZHC Dar es Salaam

19910608 TZHC Dar es Salaam

The dismissal of the review application was ill-founded as there was no material to indicate proper notification of the hearing date, and the court of first instance should have been more reluctant to proceed without ensuring procedural fairness.

Source-derived case information.

Citation
19910608 TZHC Dar es Salaam
Parties
Appellant: Iddi Hgsihi; Appellant: Sillite Igeri; Appellant: Hau Hgeni; Respondent: Mbokalluc Kassim
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
8 June 1991
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Review Application, Dismissal for Non Appearance, Procedural Fairness
Source Language
english
Civil Procedure Review Application Dismissal for Non Appearance Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Iddi Hgsihi

Appellant

Sillite Igeri

Appellant

Hau Hgeni

Appellant

Mbokalluc Kassim

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the dismissal of the review application for non-appearance was justified
  2. 2 Whether the court of first instance properly notified parties of the hearing date

Ratio Decidendi

The dismissal of the review application was ill-founded as there was no material to indicate proper notification of the hearing date, and the court of first instance should have been more reluctant to proceed without ensuring procedural fairness.

Court Disposition

appeal allowed

Orders

  • Order of dismissal set aside
  • Court of first instance directed to hear and decide the application for review on its merits