victoria mericha osaki and others vs sara iddy and others 2021 tzhclandd 260 14 june 2021

victoria mericha osaki and others vs sara iddy and others 2021 tzhclandd 260 14 june 2021

The reasons advanced by the applicants for non-appearance, including counsel's attendance at another court, being alone in chambers, and attending a funeral, were not sufficient to warrant setting aside the dismissal order. The applicants failed to exercise diligence and provide timely information to the court.

Citation
victoria mericha osaki and others vs sara iddy and others 2021 tzhclandd 260 14 june 2021
Parties
Applicant/plaintiff: Victoria Mericha Osaki; Applicant/plaintiff: Ndewina Kizito Osaki; Applicant/plaintiff: Lilian Temu Osaki; Applicant/plaintiff: Kalafunja Mlang'a Osaki; Respondent/defendant: Sarah Iddy; Respondent/defendant: Recho Juma; Respondent/defendant: Shebby; Respondent/defendant: Neema Charles; Respondent/defendant: Juma Abdallah; Respondent/defendant: Hamza; Respondent/defendant: Zaria Mikongo; Respondent/defendant: Rubawa; Respondent/defendant: Mohamed Ally; Respondent/defendant: Mohamed Hassan
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
14 June 2021
Procedural Posture
Miscellaneous Land Application / Ruling on Application to Set Aside Dismissal Order
Outcome
Application dismissed with costs
Legal Topics
Restoration of Suit, Dismissal for Non Appearance, Setting Aside Dismissal Order
Source Language
English
Civil Procedure Land Law Restoration of Suit Dismissal for Non Appearance Setting Aside Dismissal Order

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Parties

Victoria Mericha Osaki

Applicant/plaintiff

Ndewina Kizito Osaki

Applicant/plaintiff

Lilian Temu Osaki

Applicant/plaintiff

Kalafunja Mlang'a Osaki

Applicant/plaintiff

Sarah Iddy

Respondent/defendant

Recho Juma

Respondent/defendant

Shebby

Respondent/defendant

Neema Charles

Respondent/defendant

Juma Abdallah

Respondent/defendant

Hamza

Respondent/defendant

Zaria Mikongo

Respondent/defendant

Rubawa

Respondent/defendant

Mohamed Ally

Respondent/defendant

Mohamed Hassan

Respondent/defendant

Procedural Posture

Miscellaneous Land Application / Ruling on Application to Set Aside Dismissal Order

Legal Issues

  1. 1 Whether sufficient reasons were advanced to set aside the dismissal order for non-appearance

Ratio Decidendi

The reasons advanced by the applicants for non-appearance, including counsel's attendance at another court, being alone in chambers, and attending a funeral, were not sufficient to warrant setting aside the dismissal order. The applicants failed to exercise diligence and provide timely information to the court.

Court Disposition

Application dismissed with costs

Orders

  • Application to set aside dismissal order is dismissed
  • Applicants to pay costs