nelson saulo vs 1solomon saulo 2 alawi juma 2022 tzhc 11376 29 july 2022

nelson saulo vs 1solomon saulo 2 alawi juma 2022 tzhc 11376 29 july 2022

The appellant failed to discharge the burden of proof regarding his alleged arrest on the hearing date, and thus did not furnish sufficient reason for non-appearance. The Tribunal was correct in refusing to restore the dismissed application.

Citation
nelson saulo vs 1solomon saulo 2 alawi juma 2022 tzhc 11376 29 july 2022
Parties
Appellant: Nelson Saulo; 1st Respondent: Solomon Saulo; 2nd Respondent: Alawi Juma
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 July 2022
Procedural Posture
Land Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Restoration of Dismissed Application, Burden of Proof, Non Appearance, Clan Land Redemption
Source Language
English
Land Law Civil Procedure Restoration of Dismissed Application Burden of Proof Non Appearance Clan Land Redemption

Case Brief

Summary, issues, holding and outcome

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Parties

Nelson Saulo

Appellant

Solomon Saulo

1st Respondent

Alawi Juma

2nd Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant furnished sufficient reason for non-appearance due to alleged arrest
  2. 2 Whether the District Land and Housing Tribunal erred in dismissing the restoration application

Ratio Decidendi

The appellant failed to discharge the burden of proof regarding his alleged arrest on the hearing date, and thus did not furnish sufficient reason for non-appearance. The Tribunal was correct in refusing to restore the dismissed application.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed for want of merits with costs