lugandu magida vs gwanchele gibaka and another 2021 tzhc 6031 20 august 2021

lugandu magida vs gwanchele gibaka and another 2021 tzhc 6031 20 august 2021

The appellant had adduced good cause for his absence, having informed the tribunal of his sickness and the nature of his treatment. The tribunal erred by requiring only medical documentary proof and failing to consider the context and the absence of prejudice to the respondents.

Citation
lugandu magida vs gwanchele gibaka and another 2021 tzhc 6031 20 august 2021
Parties
Appellant: Lugandu Magida; 1st Respondent: Gwanchele Gibaka; 2nd Respondent: Emmanuel Nkunu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 August 2021
Procedural Posture
Land Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Setting Aside Dismissal, Non Appearance, Sufficient Cause, Medical Evidence, Traditional Healer Evidence
Source Language
English
Land Law Civil Procedure Setting Aside Dismissal Non Appearance Sufficient Cause Medical Evidence Traditional Healer Evidence

Case Brief

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Parties

Lugandu Magida

Appellant

Gwanchele Gibaka

1st Respondent

Emmanuel Nkunu

2nd Respondent

Procedural Posture

Land Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant showed sufficient cause for non-appearance to justify setting aside the dismissal order
  2. 2 Whether the tribunal erred in requiring only medical documentary proof for sickness

Ratio Decidendi

The appellant had adduced good cause for his absence, having informed the tribunal of his sickness and the nature of his treatment. The tribunal erred by requiring only medical documentary proof and failing to consider the context and the absence of prejudice to the respondents.

Court Disposition

appeal allowed

Orders

  • Dismissal order by the tribunal is set aside.
  • Misc. Land Application No. 95 of 2020 to proceed on merit from where it ended before dismissal.