20160224 TZHC Arusha

20160224 TZHC Arusha

The applicant failed to furnish sufficient reasons for his absence on the hearing date and did not act promptly after learning of the dismissal. Ignorance of the law and reliance on alleged advice from a bench clerk do not constitute sufficient grounds for restoration of the appeal.

Citation
20160224 TZHC Arusha
Parties
Applicant: Mathayo Amiyo; 1st Respondent: Petro Andrea (as representative of Rehema Daniel); 2nd Respondent: Andrew Irangi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 February 2016
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Re Admission of Dismissed Appeal
Outcome
Application dismissed with costs
Legal Topics
Restoration of Appeal, Dismissal for Want of Prosecution, Service of Summons, Extension of Time
Source Language
English
Civil Procedure Restoration of Appeal Dismissal for Want of Prosecution Service of Summons Extension of Time

Case Brief

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Parties

Mathayo Amiyo

Applicant

Petro Andrea (as representative of Rehema Daniel)

1st Respondent

Andrew Irangi

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Re Admission of Dismissed Appeal

Legal Issues

  1. 1 Whether the applicant advanced sufficient reasons for his absence on the hearing date when the appeal was dismissed for want of prosecution

Ratio Decidendi

The applicant failed to furnish sufficient reasons for his absence on the hearing date and did not act promptly after learning of the dismissal. Ignorance of the law and reliance on alleged advice from a bench clerk do not constitute sufficient grounds for restoration of the appeal.

Court Disposition

Application dismissed with costs

Orders

  • Application for restoration of appeal is dismissed with costs