NA TZHC Dar es Salaam 13

NA TZHC Dar es Salaam 13

The court held that citing the wrong provision of law in the application is not fatal and can be corrected by amendment. In the absence of a specific provision, it was proper to cite section 95 of the Civil Procedure Code in the Chamber Summons.

Citation
NA TZHC Dar es Salaam 13
Parties
Applicant Advocate: Mr. Chandoo; Respondent Advocate: Mr. Kisusi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1993
Procedural Posture
Chamber Application / Application for Restoration After Dismissal for Non Appearance
Outcome
application for restoration allowed
Legal Topics
Restoration of Dismissed Application, Non Appearance, Citation of Legal Provisions
Source Language
English
Civil Procedure Restoration of Dismissed Application Non Appearance Citation of Legal Provisions

Case Brief

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Parties

Mr. Chandoo

Applicant Advocate

Mr. Kisusi

Respondent Advocate

Procedural Posture

Chamber Application / Application for Restoration After Dismissal for Non Appearance

Legal Issues

  1. 1 Whether the application for restoration should be allowed after dismissal for non-appearance
  2. 2 Whether citing the wrong provision of law is fatal to the application

Ratio Decidendi

The court held that citing the wrong provision of law in the application is not fatal and can be corrected by amendment. In the absence of a specific provision, it was proper to cite section 95 of the Civil Procedure Code in the Chamber Summons.

Court Disposition

application for restoration allowed

Orders

  • application restored