salum mbarouk vs maria momba 2021 tzhclandd 740 27 october 2021
The applicant's counsel provided sufficient cause for non-appearance, supported by medical and transfer documents. The conduct before dismissal and the interest of justice favor restoration. The application is allowed and the appeal is restored.
- Citation
- salum mbarouk vs maria momba 2021 tzhclandd 740 27 october 2021
- Parties
- Applicant: Salim Mbarouk; Respondent: Maria Momba
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 27 October 2021
- Procedural Posture
- Misc. Land Application / Application to Set Aside Dismissal Order and Restore Appeal
- Outcome
- Application allowed
- Legal Topics
- Setting Aside Dismissal, Restoration of Appeal, Non Appearance, Sufficient Cause
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Salim Mbarouk
Applicant
Maria Momba
Respondent
Procedural Posture
Misc. Land Application / Application to Set Aside Dismissal Order and Restore Appeal
Legal Issues
- 1 Whether sufficient cause was shown for non-appearance leading to dismissal of the appeal
- 2 Whether the dismissal order in Misc. Land Appeal No. 216 of 2020 should be set aside and the appeal restored
Ratio Decidendi
The applicant's counsel provided sufficient cause for non-appearance, supported by medical and transfer documents. The conduct before dismissal and the interest of justice favor restoration. The application is allowed and the appeal is restored.
Court Disposition
Application allowed
Orders
- Misc. Land Appeal No. 216 of 2020 is restored to the register for continuation from where it stopped when dismissed for want of prosecution.
- Each party to bear his/her own costs.
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