shabani rashid bokora vs lembode killabi another 2018 tzhclandd 526 16 august 2018

shabani rashid bokora vs lembode killabi another 2018 tzhclandd 526 16 august 2018

The court was satisfied with the reasons adduced by the applicant for absence and granted the application to set aside the ex parte dismissal order and restore the suit.

Citation
shabani rashid bokora vs lembode killabi another 2018 tzhclandd 526 16 august 2018
Parties
Applicant: Shabani Rashid Bokora; Respondent: Lembode Killabi; Respondent: Another (unnamed)
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
16 August 2018
Procedural Posture
Miscellaneous Land Application / Ruling on Application to Set Aside Ex Parte Dismissal
Outcome
Application granted
Legal Topics
Setting Aside Ex Parte Dismissal, Restoration of Suit
Source Language
English
Land Law Civil Procedure Setting Aside Ex Parte Dismissal Restoration of Suit

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Parties

Shabani Rashid Bokora

Applicant

Lembode Killabi

Respondent

Another (unnamed)

Respondent

Procedural Posture

Miscellaneous Land Application / Ruling on Application to Set Aside Ex Parte Dismissal

Legal Issues

  1. 1 Whether sufficient reason was adduced for absence during proceedings prior to dismissal
  2. 2 Whether ex parte dismissal order should be set aside and suit restored

Ratio Decidendi

The court was satisfied with the reasons adduced by the applicant for absence and granted the application to set aside the ex parte dismissal order and restore the suit.

Court Disposition

Application granted

Orders

  • Ex parte dismissal order dated 18/7/2017 in Land Case No. 300 of 2016 set aside
  • Land Case No. 300 of 2016 restored for hearing on merits