rosemary stella chambo jairo vs david kitundu jairo 2018 tzca 356 7 june 2018
The applicant failed to establish sufficient cause for non-appearance as the service of the rescheduled hearing notice on the advocate's secretary was legally sufficient, and the explanations and evidence provided for non-appearance were unreliable and unsubstantiated.
- Citation
- rosemary stella chambo jairo vs david kitundu jairo 2018 tzca 356 7 june 2018
- Parties
- Applicant: Rosemary Stella Chambe Lairo; Respondent: David Kitundu Lairo
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 7 June 2018
- Procedural Posture
- Civil Application / Ruling on Application for Restoration of Dismissed Application
- Outcome
- Application dismissed with costs
- Legal Topics
- Restoration of Dismissed Application, Extension of Time, Service of Process, Non Appearance, Sufficient Cause
- Source Language
- English
Case Brief
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Parties
Rosemary Stella Chambe Lairo
Applicant
David Kitundu Lairo
Respondent
Procedural Posture
Civil Application / Ruling on Application for Restoration of Dismissed Application
Legal Issues
- 1 Whether the applicant demonstrated sufficient cause for non-appearance at the hearing of Civil Application No. 162 of 2016
Ratio Decidendi
The applicant failed to establish sufficient cause for non-appearance as the service of the rescheduled hearing notice on the advocate's secretary was legally sufficient, and the explanations and evidence provided for non-appearance were unreliable and unsubstantiated.
Court Disposition
Application dismissed with costs
Orders
- Application for restoration of Civil Application No. 162 of 2016 is dismissed
- Applicant to pay costs
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