20070807 TZHC Arusha

20070807 TZHC Arusha

The applicant failed to provide credible and elaborated evidence of illness; the outpatient record was unsubstantiated and doubtful, thus no sufficient cause was shown to set aside the dismissal order.

Citation
20070807 TZHC Arusha
Parties
Applicant: Ndeoya Thadayo; Respondent: Bahati Mbise
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 August 2007
Procedural Posture
Misc. Civil Application / Ruling on Application to Set Aside Dismissal Order
Outcome
Application dismissed with costs
Legal Topics
Application to Set Aside Dismissal, Extension of Time, Default Appearance, Affidavit Evidence
Source Language
English
Civil Procedure Application to Set Aside Dismissal Extension of Time Default Appearance Affidavit Evidence

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Parties

Ndeoya Thadayo

Applicant

Bahati Mbise

Respondent

Procedural Posture

Misc. Civil Application / Ruling on Application to Set Aside Dismissal Order

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause to set aside the dismissal order for non-appearance

Ratio Decidendi

The applicant failed to provide credible and elaborated evidence of illness; the outpatient record was unsubstantiated and doubtful, thus no sufficient cause was shown to set aside the dismissal order.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs