mabwayi mpaira vs keya chanda 2021 tzhc 9238 6 december 2021
The applicant established sufficient cause for his absence due to illness, as evidenced in his affidavit, warranting restoration of the dismissed application.
- Citation
- mabwayi mpaira vs keya chanda 2021 tzhc 9238 6 december 2021
- Parties
- Applicant: Mabwayi Mpaira; Respondent: Keya Chanda
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 December 2021
- Procedural Posture
- Miscellaneous Land Application / Ruling on Restoration Application
- Outcome
- application allowed
- Legal Topics
- Restoration of Dismissed Application, Sufficient Cause for Delay
- Source Language
- English
Case Brief
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Parties
Mabwayi Mpaira
Applicant
Keya Chanda
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Restoration Application
Legal Issues
- 1 Whether the applicant has advanced sufficient reasons for restoration of Misc. Land Application No.69 of 2019
- 2 Whether the applicant properly moved the court for restoration
Ratio Decidendi
The applicant established sufficient cause for his absence due to illness, as evidenced in his affidavit, warranting restoration of the dismissed application.
Court Disposition
application allowed
Orders
- Applicant is allowed to restore his application dismissed earlier.
- Applicant shall file his application within 21 days from the date of the ruling.
Full Case Text
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