nokia solutions network t ltd vs moteswa lusinde 2020 tzhcld 184 17 june 2020

nokia solutions network t ltd vs moteswa lusinde 2020 tzhcld 184 17 june 2020

The court held that despite the advocate's negligence and lack of qualification, the applicant should not be punished for errors committed by counsel. The right to be heard is fundamental, and denial of this right renders proceedings a nullity. Restoration is granted to ensure justice and fair hearing for both parties.

Citation
nokia solutions network t ltd vs moteswa lusinde 2020 tzhcld 184 17 june 2020
Parties
Applicant: Nokia Solutions & Network (T) Ltd; Respondent: Moteswa Lusinde
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
17 June 2020
Procedural Posture
Miscellaneous Application / Ruling on Restoration of Dismissed Revision Application
Outcome
application granted
Legal Topics
Restoration of Dismissed Application, Right to Be Heard, Natural Justice, Advocate Qualification
Source Language
English
Labour Law Civil Procedure Restoration of Dismissed Application Right to Be Heard Natural Justice Advocate Qualification

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Parties

Nokia Solutions & Network (T) Ltd

Applicant

Moteswa Lusinde

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Restoration of Dismissed Revision Application

Legal Issues

  1. 1 Whether the applicant's revision application should be restored after dismissal for want of prosecution
  2. 2 Whether negligence of counsel constitutes sufficient cause for restoration
  3. 3 Whether the applicant should be punished for advocate's errors

Ratio Decidendi

The court held that despite the advocate's negligence and lack of qualification, the applicant should not be punished for errors committed by counsel. The right to be heard is fundamental, and denial of this right renders proceedings a nullity. Restoration is granted to ensure justice and fair hearing for both parties.

Court Disposition

application granted

Orders

  • Dismissal order is set aside.
  • Revision No. 62/2018 is restored.