mary joseph marco vs african microfinance limited 2 others 2023 tzhclandd 16830 30 august 2023

mary joseph marco vs african microfinance limited 2 others 2023 tzhclandd 16830 30 august 2023

The Tribunal should have accommodated the Applicant's absence due to transfer by granting a last chance or remote hearing; failure to do so was improper, warranting revision and quashing of the dismissal order.

Citation
mary joseph marco vs african microfinance limited 2 others 2023 tzhclandd 16830 30 august 2023
Parties
Applicant: Mary Joseph Marco; 1st Respondent: African Microfinance Limited; 2nd Respondent: Desteni Company Limited; 3rd Respondent: Gilbert Charles Mgaywa
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
30 August 2023
Procedural Posture
Land Revision / Ruling
Outcome
Order revised and quashed; restoration granted.
Legal Topics
Restoration of Dismissed Application, Remote Hearing Accommodation, Representation Before Tribunal
Source Language
English
Land Law Civil Procedure Restoration of Dismissed Application Remote Hearing Accommodation Representation Before Tribunal

Case Brief

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Parties

Mary Joseph Marco

Applicant

African Microfinance Limited

1st Respondent

Desteni Company Limited

2nd Respondent

Gilbert Charles Mgaywa

3rd Respondent

Procedural Posture

Land Revision / Ruling

Legal Issues

  1. 1 Whether the Tribunal erred in dismissing the application without accommodating the Applicant's absence due to transfer
  2. 2 Whether restoration of Land Application No. 74/2020 and Misc. Application No. 174/2020 is warranted

Ratio Decidendi

The Tribunal should have accommodated the Applicant's absence due to transfer by granting a last chance or remote hearing; failure to do so was improper, warranting revision and quashing of the dismissal order.

Court Disposition

Order revised and quashed; restoration granted.

Orders

  • Order dated 27/10/2021 quashed.
  • Application No. 174/2020 to be heard on merit at fairly fast speed.