20060321 TZCA Dar es salaam 1

The court held that prima facie evidence of counsel's illness warranted adjournment, and the single judge erred in striking out the application without granting it.

Citation: 20060321 TZCA Dar es salaam 1
Parties: Appellant: K. V. Construction Ltd; Respondent: Mwanainchi Engineering Constructions Corporation
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 21 March 2006
Procedural Posture: Civil Reference / Reference From Single Judge's Order Striking Out Application
Outcome: reference allowed
Legal Topics: Adjournment, Illness of Counsel, Striking Out Applications
Source Language: English

Civil Procedure Adjournment Illness of Counsel Striking Out Applications

Case Brief

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Parties

K. V. Construction Ltd

Appellant

Mwanainchi Engineering Constructions Corporation

Respondent

Procedural Posture

Civil Reference / Reference From Single Judge's Order Striking Out Application

Legal Issues

1 Whether the single judge erred in refusing adjournment and striking out the application due to counsel's illness

Ratio Decidendi

The court held that prima facie evidence of counsel's illness warranted adjournment, and the single judge erred in striking out the application without granting it.

Court Disposition

reference allowed

Orders

Application to be placed before another single judge for determination on merits
Costs to follow the event