kharid bakari vs ramadhani mohamed yusuph 2022 tzhclandd 12760 7 december 2022

kharid bakari vs ramadhani mohamed yusuph 2022 tzhclandd 12760 7 december 2022

The appellant's counsel provided sufficient and credible reasons for non-appearance, including official notification of absence due to appearance in another court and illness, which justified setting aside the ex parte judgment. The trial tribunal erred in dismissing the application without due consideration of these grounds.

Citation
kharid bakari vs ramadhani mohamed yusuph 2022 tzhclandd 12760 7 december 2022
Parties
Appellant: Khalid Bakari; Respondent: Ramadhani Mohamed Yusuph
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
7 December 2022
Procedural Posture
Land Appeal / Judgment on Appeal From Dismissal of Application to Set Aside Ex Parte Judgment
Outcome
Appeal allowed
Legal Topics
Setting Aside Ex Parte Judgment, Right to Be Heard, Sufficient Cause for Non Appearance, Restoration of Suit
Source Language
English
Land Law Civil Procedure Setting Aside Ex Parte Judgment Right to Be Heard Sufficient Cause for Non Appearance Restoration of Suit

Case Brief

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Parties

Khalid Bakari

Appellant

Ramadhani Mohamed Yusuph

Respondent

Procedural Posture

Land Appeal / Judgment on Appeal From Dismissal of Application to Set Aside Ex Parte Judgment

Legal Issues

  1. 1 Whether the appellant provided sufficient cause for non-appearance to set aside the ex parte judgment
  2. 2 Whether the trial tribunal erred in dismissing the application to set aside the ex parte judgment

Ratio Decidendi

The appellant's counsel provided sufficient and credible reasons for non-appearance, including official notification of absence due to appearance in another court and illness, which justified setting aside the ex parte judgment. The trial tribunal erred in dismissing the application without due consideration of these grounds.

Court Disposition

Appeal allowed

Orders

  • Ruling and orders of the District Land and Housing Tribunal in Misc. Application No. 69 of 2022 quashed and set aside
  • Ex parte proceedings in Application No. 100 of 2021 quashed and set aside