sagamiko vs sethlymo 2002 tzhc 7 22 july 2002
The court found the applicant's explanation for absence untruthful and unsupported by evidence, concluding the applicant and his advocate were engaging in delaying tactics. Restoration was refused.
- Citation
- sagamiko vs sethlymo 2002 tzhc 7 22 july 2002
- Parties
- Applicant: Sagamiko; Respondent: Sethlymo
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 22 July 2002
- Procedural Posture
- Civil / Application for Restoration After Dismissal for Non Prosecution
- Outcome
- application dismissed with costs
- Legal Topics
- Restoration of Application, Dismissal for Non Prosecution, Extension of Time, Delaying Tactics
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Sagamiko
Applicant
Sethlymo
Respondent
Procedural Posture
Civil / Application for Restoration After Dismissal for Non Prosecution
Legal Issues
- 1 Whether the applicant has shown sufficient cause for restoration of the dismissed application
Ratio Decidendi
The court found the applicant's explanation for absence untruthful and unsupported by evidence, concluding the applicant and his advocate were engaging in delaying tactics. Restoration was refused.
Court Disposition
application dismissed with costs
Orders
- application for restoration dismissed
- costs awarded against applicant
Full Case Text
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