simon pius mwachilo vs fred edward others 2018 tzhclandd 387 8 june 2018

simon pius mwachilo vs fred edward others 2018 tzhclandd 387 8 june 2018

Applicant failed to provide justifiable reasons or evidence for non-appearance; court not satisfied to exercise discretionary power to set aside dismissal.

Citation
simon pius mwachilo vs fred edward others 2018 tzhclandd 387 8 june 2018
Parties
Applicant: Simon Pius Mwachilo; 1st Respondent: Fred Edward; 2nd Respondent: Nasma Auction Mart & Court Brokers; Interested Party: Obadia Luphingo Mtewele
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
8 June 2018
Procedural Posture
Miscellaneous Land Case Application / Ruling on Application to Set Aside Dismissal Order
Outcome
Application dismissed with costs.
Legal Topics
Restoration of Dismissed Suit, Non Appearance, Discretionary Power to Set Aside Dismissal
Source Language
English
Civil Procedure Land Law Restoration of Dismissed Suit Non Appearance Discretionary Power to Set Aside Dismissal

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Parties

Simon Pius Mwachilo

Applicant

Fred Edward

1st Respondent

Nasma Auction Mart & Court Brokers

2nd Respondent

Obadia Luphingo Mtewele

Interested Party

Procedural Posture

Miscellaneous Land Case Application / Ruling on Application to Set Aside Dismissal Order

Legal Issues

  1. 1 Whether sufficient cause was shown for non-appearance at hearing to justify setting aside dismissal order

Ratio Decidendi

Applicant failed to provide justifiable reasons or evidence for non-appearance; court not satisfied to exercise discretionary power to set aside dismissal.

Court Disposition

Application dismissed with costs.

Orders

  • Application dismissed.
  • Costs awarded to respondents.