20090520 TZHC Dar es Salaam

20090520 TZHC Dar es Salaam

There are two points of law involved in the decision—whether the applicant should be punished for his counsel's default and whether absence of counsel justifies dismissal—which are worthy of consideration by the Court of Appeal; therefore, leave to appeal is granted.

Citation
20090520 TZHC Dar es Salaam
Parties
Applicant: Said Abdalah Mkwamba; Respondent: Prisca Michael
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
20 May 2009
Procedural Posture
Civil Appeal / Application for Leave to Appeal to Court of Appeal
Outcome
application granted
Legal Topics
Leave to Appeal, Dismissal for Non Appearance, Advocate's Default
Source Language
English
Civil Procedure Leave to Appeal Dismissal for Non Appearance Advocate's Default

Case Brief

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Parties

Said Abdalah Mkwamba

Applicant

Prisca Michael

Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether it was proper for the Court to punish the applicant for the wrongs done by his counsel
  2. 2 Whether the absence of the applicant's counsel on the hearing date could render the application dismissible

Ratio Decidendi

There are two points of law involved in the decision—whether the applicant should be punished for his counsel's default and whether absence of counsel justifies dismissal—which are worthy of consideration by the Court of Appeal; therefore, leave to appeal is granted.

Court Disposition

application granted

Orders

  • Leave to appeal to the Court of Appeal is granted.
  • Each party to bear its own costs.