john raphael vs diana bilisingi 2018 tzhc 2718 24 september 2018
Proof of illness during the relevant period constituted sufficient cause for absence, and absence of objection from the respondent justified setting aside the dismissal order.
- Citation
- john raphael vs diana bilisingi 2018 tzhc 2718 24 september 2018
- Parties
- Applicant: John Bisilingi Raphael; Respondent: Diana Bisilingi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 September 2018
- Procedural Posture
- Miscellaneous Probate Application / Application to Set Aside Dismissal Order
- Outcome
- Application granted
- Legal Topics
- Setting Aside Dismissal, Appeal Reinstatement, Absence Due to Illness
- Source Language
- English
Case Brief
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Parties
John Bisilingi Raphael
Applicant
Diana Bisilingi
Respondent
Procedural Posture
Miscellaneous Probate Application / Application to Set Aside Dismissal Order
Legal Issues
- 1 Whether the dismissal order should be set aside to allow the appeal to proceed
Ratio Decidendi
Proof of illness during the relevant period constituted sufficient cause for absence, and absence of objection from the respondent justified setting aside the dismissal order.
Court Disposition
Application granted
Orders
- Dismissal order dated 26/10/2016 set aside
- Appeal to proceed for hearing
Full Case Text
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