robert john vs yusto shili another 2014 tzhc 2124 19 june 2014

robert john vs yusto shili another 2014 tzhc 2124 19 june 2014

The application is granted because the parties were not duly notified of the hearing date, and justice requires restoration of the appeal as no prejudice will be caused to the respondents.

Citation
robert john vs yusto shili another 2014 tzhc 2124 19 june 2014
Parties
Applicant: Robert John; 1st Respondent: Yusto Shili; 2nd Respondent: Debora Ezekiel
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
19 June 2014
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Restoration of Dismissed Appeal
Outcome
Application granted
Legal Topics
Restoration of Dismissed Appeal, Service of Process, Non Appearance, Want of Prosecution
Source Language
English
Civil Procedure Restoration of Dismissed Appeal Service of Process Non Appearance Want of Prosecution

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Parties

Robert John

Applicant

Yusto Shili

1st Respondent

Debora Ezekiel

2nd Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Restoration of Dismissed Appeal

Legal Issues

  1. 1 Whether the dismissed Civil Appeal No. 80 of 2006 should be restored after dismissal for want of prosecution and non-appearance

Ratio Decidendi

The application is granted because the parties were not duly notified of the hearing date, and justice requires restoration of the appeal as no prejudice will be caused to the respondents.

Court Disposition

Application granted

Orders

  • Dismissed Civil Appeal No. 80 of 2006 is restored.
  • No order as to costs; each party to bear own costs.