rutagatina cl vs advocates committee another 2013 tzca 495 15 may 2013

rutagatina cl vs advocates committee another 2013 tzca 495 15 may 2013

The court held that in the interest of justice, the 2nd respondent should be given a final opportunity to be heard, granting a last adjournment with notice that the appeal will proceed in his absence if he fails to appear.

Citation
rutagatina cl vs advocates committee another 2013 tzca 495 15 may 2013
Parties
Applicant: Rutagatina C.L.; 1st Respondent: The Advocates Committee; 2nd Respondent: Clavery Mtindo Ngalapa
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 May 2013
Procedural Posture
Civil Appeal / Adjournment Order Prior to Hearing
Outcome
adjourned
Legal Topics
Adjournment, Right to Be Heard, Ex Parte Hearing
Source Language
English
Civil Procedure Adjournment Right to Be Heard Ex Parte Hearing

Case Brief

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Parties

Rutagatina C.L.

Applicant

The Advocates Committee

1st Respondent

Clavery Mtindo Ngalapa

2nd Respondent

Procedural Posture

Civil Appeal / Adjournment Order Prior to Hearing

Legal Issues

  1. 1 Whether the appeal should proceed ex parte due to the 2nd respondent's absence
  2. 2 Whether the 2nd respondent should be granted another adjournment

Ratio Decidendi

The court held that in the interest of justice, the 2nd respondent should be given a final opportunity to be heard, granting a last adjournment with notice that the appeal will proceed in his absence if he fails to appear.

Court Disposition

adjourned

Orders

  • Hearing of the appeal is adjourned to the next session.
  • The 2nd respondent is granted the last adjournment.