diamond motors ltd vs t railways ltd 2011 tzhccomd 2081 14 april 2011

The applicant's advocate's sudden illness, supported by medical evidence, constituted sufficient cause for non-appearance, justifying the setting aside of the dismissal order under Rule 4 of Order IX of the Civil Procedure Code.

Citation: diamond motors ltd vs t railways ltd 2011 tzhccomd 2081 14 april 2011
Parties: Plaintiff/applicant: Diamond Motors Limited; Defendant/respondent: Tanzania Railways Limited
Court: TZHCCOMD
Jurisdiction: Tanzania
Judgment Date: 14 April 2011
Procedural Posture: Application to Set Aside Dismissal Order / Ruling on Application to Set Aside Dismissal
Outcome: application allowed
Legal Topics: Setting Aside Dismissal, Ex Parte Hearing, Sufficient Cause, Non Appearance
Source Language: English

Civil Procedure Setting Aside Dismissal Ex Parte Hearing Sufficient Cause Non Appearance

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Diamond Motors Limited

Plaintiff/applicant

Tanzania Railways Limited

Defendant/respondent

Procedural Posture

Application to Set Aside Dismissal Order / Ruling on Application to Set Aside Dismissal

Legal Issues

1 Whether sufficient cause was shown for non-appearance by the plaintiff/applicant on the hearing date
2 Whether the dismissal order should be set aside under Rule 4 of Order IX of the Civil Procedure Code

Ratio Decidendi

Court Disposition

application allowed

Orders

Dismissal order dated 21st September 2010 set aside
Plaintiff/applicant permitted to proceed with ex-parte hearing as previously ordered