kamalia salum and another vs mathias zakari mapunda 2023 tzhc 20771 31 august 2023

kamalia salum and another vs mathias zakari mapunda 2023 tzhc 20771 31 august 2023

The appellants failed to provide sufficient medical proof of sickness to justify their non-appearance, and the evidence presented was inconsistent and unsubstantiated. The trial tribunal was correct in proceeding ex-parte and dismissing the application to set aside the ex-parte judgment.

Citation
kamalia salum and another vs mathias zakari mapunda 2023 tzhc 20771 31 august 2023
Parties
1st Appellant: Kamalia Salum; 2nd Appellant: Mohamed Hassan Nangomwa; Respondent: Mathias Zakaria Mapunda
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 August 2023
Procedural Posture
Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal dismissed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Good Cause for Non Appearance, Adjournment on Grounds of Sickness
Source Language
English
Land Law Civil Procedure Setting Aside Ex Parte Judgment Good Cause for Non Appearance Adjournment on Grounds of Sickness

Case Brief

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Parties

Kamalia Salum

1st Appellant

Mohamed Hassan Nangomwa

2nd Appellant

Mathias Zakaria Mapunda

Respondent

Procedural Posture

Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the appellants advanced good cause to set aside the ex-parte judgment
  2. 2 Whether the trial tribunal erred in law and fact in dismissing the application to set aside the ex-parte judgment

Ratio Decidendi

The appellants failed to provide sufficient medical proof of sickness to justify their non-appearance, and the evidence presented was inconsistent and unsubstantiated. The trial tribunal was correct in proceeding ex-parte and dismissing the application to set aside the ex-parte judgment.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to the respondent