20130411 TZHC Arusha

20130411 TZHC Arusha

Dismissal orders were made under inapplicable statutory provisions; correct procedure requires dismissal under Rule 13(2) of G.N. No.312 of 1964.

Source-derived case information.

Citation
20130411 TZHC Arusha
Parties
Applicant: Mama Evance (Edith Magaye); Respondent: Bariki Ngowi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
11 April 2013
Procedural Posture
Civil Revision / Ruling
Outcome
dismissal orders set aside
Legal Topics
Appeals From Primary Courts, Dismissal for Non Appearance, Applicability of Procedural Rules
Source Language
english
Civil Procedure Appeals From Primary Courts Dismissal for Non Appearance Applicability of Procedural Rules

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 1
Sign in to unlock

Parties

Mama Evance (Edith Magaye)

Applicant

Bariki Ngowi

Respondent

Procedural Posture

Civil Revision / Ruling

Legal Issues

  1. 1 Whether the Civil Procedure Code applies to appeals originating from primary courts
  2. 2 Proper procedure for dismissal of appeals for non-appearance

Ratio Decidendi

Dismissal orders were made under inapplicable statutory provisions; correct procedure requires dismissal under Rule 13(2) of G.N. No.312 of 1964.

Court Disposition

dismissal orders set aside

Orders

  • Dismissal orders in Civil Appeal No.45 of 2008 and Civil Appeal No.63 of 2010 set aside
  • Appeals to proceed before Resident Magistrate R.A. Ngoka for necessary actions