mathias marco vs simon bujashi 2021 tzhc 6032 13 august 2021
The tribunal erred in disregarding the medical chit attached to the affidavit as evidence of illness; affidavits and their annexures constitute evidence in applications, and the appellant's absence was justified by illness as evidenced by the medical chit.
- Citation
- mathias marco vs simon bujashi 2021 tzhc 6032 13 august 2021
- Parties
- Appellant: Mathias Marco; Respondent: Simon Bujashi
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 13 August 2021
- Procedural Posture
- Land Appeal / Judgment on Appeal From Dismissal of Application to Set Aside Ex Parte Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Setting Aside Ex Parte Judgment, Affidavit Evidence, Procedural Requirements in Land Disputes
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mathias Marco
Appellant
Simon Bujashi
Respondent
Procedural Posture
Land Appeal / Judgment on Appeal From Dismissal of Application to Set Aside Ex Parte Judgment
Legal Issues
- 1 Whether the tribunal erred in requiring annexures to affidavits to be tendered as exhibits in applications
- 2 Whether the appellant had sufficient cause for non-appearance at the hearing
Ratio Decidendi
The tribunal erred in disregarding the medical chit attached to the affidavit as evidence of illness; affidavits and their annexures constitute evidence in applications, and the appellant's absence was justified by illness as evidenced by the medical chit.
Court Disposition
Appeal allowed
Orders
- Ex-parte judgment set aside
- Parties to return to the trial tribunal for determination of the main dispute inter partes
Full Case Text
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