19990409 TZCA Dar es Salaam

19990409 TZCA Dar es Salaam

The applicant was given the opportunity to be heard but failed to appear without good cause; therefore, he cannot claim he was condemned unheard. No arguable points of law or mixed law and fact arise from the decision challenged.

Citation
19990409 TZCA Dar es Salaam
Parties
Applicant: Pantaleo Lyakurwa; Respondent: Leokadia Lyakurwa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 April 1999
Procedural Posture
Civil Application / Application for Leave to Appeal to the Court of Appeal
Outcome
Application dismissed with costs
Legal Topics
Ex Parte Judgment, Right to Be Heard, Leave to Appeal, Adjournment, Preliminary Objection
Source Language
English
Civil Procedure Ex Parte Judgment Right to Be Heard Leave to Appeal Adjournment Preliminary Objection

Case Brief

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Parties

Pantaleo Lyakurwa

Applicant

Leokadia Lyakurwa

Respondent

Procedural Posture

Civil Application / Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the applicant was denied the right to be heard
  2. 2 Whether there were important points of law or mixed law and fact warranting leave to appeal
  3. 3 Whether the applicant advanced a sound reason for his absence at the hearing

Ratio Decidendi

The applicant was given the opportunity to be heard but failed to appear without good cause; therefore, he cannot claim he was condemned unheard. No arguable points of law or mixed law and fact arise from the decision challenged.

Court Disposition

Application dismissed with costs

Orders

  • Application for leave to appeal is dismissed
  • Applicant to pay costs