isham general suppliers ltd vs bank of africa t ltd others 2018 tzhclandd 552 3 august 2018
Applicant failed to provide credible evidence of hospitalization; attached letters were unreliable and not supported by medical reports. Non-appearance was due to lack of diligence and inaction, not sufficient cause.
- Citation
- isham general suppliers ltd vs bank of africa t ltd others 2018 tzhclandd 552 3 august 2018
- Parties
- Applicant: Isham General Supplies Ltd; 1st Respondent: Bank of Africa (T) Ltd; 2nd Respondent: Shower Logistic Co. Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 3 August 2018
- Procedural Posture
- Miscellaneous Land Case Application / Ruling on Application to Set Aside Dismissal Order
- Outcome
- Application dismissed with costs.
- Legal Topics
- Setting Aside Dismissal, Sufficient Cause, Affidavit Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Isham General Supplies Ltd
Applicant
Bank of Africa (T) Ltd
1st Respondent
Shower Logistic Co. Ltd
2nd Respondent
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application to Set Aside Dismissal Order
Legal Issues
- 1 Whether sufficient reasons have been advanced to set aside the dismissal order
- 2 Whether the applicant's non-appearance was due to neglect or genuine infirmity
Ratio Decidendi
Applicant failed to provide credible evidence of hospitalization; attached letters were unreliable and not supported by medical reports. Non-appearance was due to lack of diligence and inaction, not sufficient cause.
Court Disposition
Application dismissed with costs.
Orders
- Application dismissed with costs.
Full Case Text
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