kinyanyite vs hassan and another 2005 tzhc 9 16 february 2005

An appeal against an order dismissing an application for non-appearance is incompetent; the proper remedy is to apply to the trial court to set aside the dismissal order.

Citation: kinyanyite vs hassan and another 2005 tzhc 9 16 february 2005
Parties: Appellant: Said Abdallah Kinyanyite; 1st Respondent: Fatuma Hassan; 2nd Respondent: Jibrea Auction Mart
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 16 February 2005
Procedural Posture: Civil Appeal / Ruling on Preliminary Objection
Outcome: appeal dismissed
Legal Topics: Appeals, Dismissal for Non Appearance, Execution Proceedings, Preliminary Objection
Source Language: English

Civil Procedure Appeals Dismissal for Non Appearance Execution Proceedings Preliminary Objection

Case Brief

Summary, issues, holding and outcome

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Parties

Said Abdallah Kinyanyite

Appellant

Fatuma Hassan

1st Respondent

Jibrea Auction Mart

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection

Legal Issues

1 Whether the appellant was required to file a suit to establish his claim over the attached house
2 Whether the order of the Resident Magistrate's Court dismissing the application for non-appearance is appealable

Ratio Decidendi

An appeal against an order dismissing an application for non-appearance is incompetent; the proper remedy is to apply to the trial court to set aside the dismissal order.

Court Disposition

appeal dismissed

Orders

Each party to bear its own costs
Appellant directed to file application for setting aside dismissal order if desired