philimon david mafie vs anord peter kavishe 2018 tzhclandd 9 22 february 2018

philimon david mafie vs anord peter kavishe 2018 tzhclandd 9 22 february 2018

The appellant proved sufficient reasons for non-appearance through official travel documents and hospital records, warranting the setting aside of the ex-parte judgment; the trial tribunal addressed all issues raised.

Citation
philimon david mafie vs anord peter kavishe 2018 tzhclandd 9 22 february 2018
Parties
Appellant: Philemon David Mafie; Respondent: Anord Peter Kavishe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 February 2018
Procedural Posture
Land Appeal / Judgment
Outcome
appeal allowed with costs
Legal Topics
Setting Aside Ex Parte Judgment, Sufficient Cause for Non Appearance
Source Language
English
Land Law Civil Procedure Setting Aside Ex Parte Judgment Sufficient Cause for Non Appearance

Case Brief

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Parties

Philemon David Mafie

Appellant

Anord Peter Kavishe

Respondent

Procedural Posture

Land Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant provided sufficient reasons for setting aside the ex-parte judgment
  2. 2 Whether the trial tribunal addressed all issues raised in the application

Ratio Decidendi

The appellant proved sufficient reasons for non-appearance through official travel documents and hospital records, warranting the setting aside of the ex-parte judgment; the trial tribunal addressed all issues raised.

Court Disposition

appeal allowed with costs

Orders

  • File remitted to trial tribunal for Land Application No. 272 of 2012 to be heard inter-partes