mathias mbabilanya vs nganiko mashita 2015 tzhc 2092 10 february 2015

mathias mbabilanya vs nganiko mashita 2015 tzhc 2092 10 february 2015

Application granted as there was no proof of service before dismissal and the applicant had the option to reinstitute the appeal.

Citation
mathias mbabilanya vs nganiko mashita 2015 tzhc 2092 10 february 2015
Parties
Applicant: Mathias Mbabilanya; Respondent: Nganiko Mashita
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 February 2015
Procedural Posture
Miscellaneous Land Application / Ruling
Outcome
Application granted
Legal Topics
Extension of Time, Restoration of Appeal, Dismissal for Non Appearance
Source Language
English
Land Law Civil Procedure Extension of Time Restoration of Appeal Dismissal for Non Appearance

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Parties

Mathias Mbabilanya

Applicant

Nganiko Mashita

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling

Legal Issues

  1. 1 Whether the applicant was duly served before dismissal for non-appearance
  2. 2 Whether extension of time and restoration of appeal should be granted

Ratio Decidendi

Application granted as there was no proof of service before dismissal and the applicant had the option to reinstitute the appeal.

Court Disposition

Application granted

Orders

  • Extension of time and restoration of appeal granted
  • No order as to costs