rosemary stella chambejairo vs david kitundu jairo 2021 tzca 442 2 september 2021

rosemary stella chambejairo vs david kitundu jairo 2021 tzca 442 2 september 2021

The absence of the applicant's counsel was due to circumstances beyond her control, and the notice of hearing was insufficient. The single Justice erred by not properly considering the uncontested affidavit evidence and by finding that sufficient cause was not shown. The application for restoration is merited and should be granted.

Citation
rosemary stella chambejairo vs david kitundu jairo 2021 tzca 442 2 september 2021
Parties
Applicant: Rosemary Stella Chambejairo; Respondent: David Kitundu Jairo
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 September 2021
Procedural Posture
Civil Reference / Ruling on Reference From Single Justice Decision
Outcome
application granted
Legal Topics
Restoration of Dismissed Application, Sufficiency of Notice, Judicial Discretion, Service of Process
Source Language
English
Civil Procedure Appellate Practice Restoration of Dismissed Application Sufficiency of Notice Judicial Discretion Service of Process

Case Brief

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Parties

Rosemary Stella Chambejairo

Applicant

David Kitundu Jairo

Respondent

Procedural Posture

Civil Reference / Ruling on Reference From Single Justice Decision

Legal Issues

  1. 1 Whether the single Justice erred in dismissing the application for restoration for lack of sufficient cause
  2. 2 Whether the notice of change of hearing date was insufficient in time under the Rules

Ratio Decidendi

The absence of the applicant's counsel was due to circumstances beyond her control, and the notice of hearing was insufficient. The single Justice erred by not properly considering the uncontested affidavit evidence and by finding that sufficient cause was not shown. The application for restoration is merited and should be granted.

Court Disposition

application granted

Orders

  • Dismissed application Civil Application No. 162 of 2016 restored
  • Costs to be borne by the respondent