20080929 TZHC Dar es Salaam

20080929 TZHC Dar es Salaam

The appellant/applicant was not notified of the hearing date, and there is no evidence of such notice; therefore, the dismissal order is set aside and the appeal is restored for hearing on the merits.

Citation
20080929 TZHC Dar es Salaam
Parties
Appellant/applicant: Charles Moses; Respondent: Shamte Khatibu
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
29 September 2008
Procedural Posture
Civil Appeal / Application to Set Aside Dismissal and Restore Appeal
Outcome
Application allowed; dismissal order set aside; appeal restored for hearing on merits.
Legal Topics
Restoration of Appeal, Dismissal for Want of Prosecution, Notice of Hearing
Source Language
English
Civil Procedure Restoration of Appeal Dismissal for Want of Prosecution Notice of Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

Charles Moses

Appellant/applicant

Shamte Khatibu

Respondent

Procedural Posture

Civil Appeal / Application to Set Aside Dismissal and Restore Appeal

Legal Issues

  1. 1 Whether the dismissal of the appeal for want of prosecution should be set aside due to lack of notice to the appellant

Ratio Decidendi

The appellant/applicant was not notified of the hearing date, and there is no evidence of such notice; therefore, the dismissal order is set aside and the appeal is restored for hearing on the merits.

Court Disposition

Application allowed; dismissal order set aside; appeal restored for hearing on merits.

Orders

  • Dismissal order of 21/3/2003 set aside
  • Appeal restored for hearing on 18/11/2008