NA TZCA Dar es Salaam3 1

NA TZCA Dar es Salaam3 1

The applicant supplied sufficient reasons for non-appearance, supported by undisputed medical evidence. The court grants restoration of the application, giving the applicant the benefit of doubt regarding inability to inform the court.

Source-derived case information.

Citation
NA TZCA Dar es Salaam3 1
Parties
Applicant: Sultan Bin Hilal El Esri; Respondent: Mohamed Hilal; Respondent: Mansour Hilal; Respondent: Bera Andres
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 June 2015
Procedural Posture
Miscellaneous Commercial Cause / Restoration Application After Dismissal for Want of Prosecution
Outcome
Application for restoration granted
Legal Topics
Restoration of Dismissed Application, Non Appearance Due to Sickness, Maintenance of Status Quo, Contempt of Court
Source Language
english
Civil Procedure Commercial Law Restoration of Dismissed Application Non Appearance Due to Sickness Maintenance of Status Quo Contempt of Court

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Summary, issues, holding and outcome

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Parties

Sultan Bin Hilal El Esri

Applicant

Mohamed Hilal

Respondent

Mansour Hilal

Respondent

Bera Andres

Respondent

Procedural Posture

Miscellaneous Commercial Cause / Restoration Application After Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether sufficient cause was shown for non-appearance on the hearing date
  2. 2 Whether the application for restoration should be granted

Ratio Decidendi

The applicant supplied sufficient reasons for non-appearance, supported by undisputed medical evidence. The court grants restoration of the application, giving the applicant the benefit of doubt regarding inability to inform the court.

Court Disposition

Application for restoration granted

Orders

  • Miscellaneous Commercial Cause No. 64 of 2014 restored for hearing
  • Costs awarded as per previous dismissal