isham general suppliers ltd vs bank of africa t ltd others 2018 tzhclandd 552 3 august 2018

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

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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

  1. 1 Whether sufficient reasons have been advanced to set aside the dismissal order
  2. 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.