pascal thomas lelo vs akiba commercial bank plc 2 others 2023 tzhclandd 17069 24 october 2023
The appeal fails because the trial tribunal correctly applied the law regarding costs, non-appearance, and the role of assessors in interlocutory applications; the applicant failed to provide required proof for adjournment, and the chairman was not required to sit with assessors for restoration applications.
- Citation
- pascal thomas lelo vs akiba commercial bank plc 2 others 2023 tzhclandd 17069 24 october 2023
- Parties
- Appellant: Pascal Thomas Lelo; 1st Respondent: Akiba Commercial Bank PLC; 2nd Respondent: Best Group Ltd; 3rd Respondent: Champion Auction Mart
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 24 October 2023
- Procedural Posture
- Land Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Restoration of Dismissed Suit, Award of Costs, Non Appearance, Role of Assessors, Interlocutory Applications
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Pascal Thomas Lelo
Appellant
Akiba Commercial Bank PLC
1st Respondent
Best Group Ltd
2nd Respondent
Champion Auction Mart
3rd Respondent
Procedural Posture
Land Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial tribunal erred in dismissing the application with costs when heard ex parte
- 2 Whether the tribunal failed to consider absence of objection and request for adjournment
- 3 Whether non-appearance for one day by an advocate justified dismissal under the applicable regulations
Ratio Decidendi
The appeal fails because the trial tribunal correctly applied the law regarding costs, non-appearance, and the role of assessors in interlocutory applications; the applicant failed to provide required proof for adjournment, and the chairman was not required to sit with assessors for restoration applications.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal is dismissed with costs
Full Case Text
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