19980521 TZHC Dar es Salaam

19980521 TZHC Dar es Salaam

The applicant's belief that the court would act on its own motion to fix the hearing and issue summons is unfounded; failure to prosecute the appeal is attributable to the applicant, and such belief cannot justify vacating the dismissal order.

Citation
19980521 TZHC Dar es Salaam
Parties
Appellant: Unknown (Applicant); Respondent: Unknown (Respondent)
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
21 May 1998
Procedural Posture
Civil Appeal / Ruling on Application to Set Aside Dismissal
Outcome
application dismissed
Legal Topics
Dismissal of Appeal, Obligations of Parties, Court Process
Source Language
English
Civil Procedure Dismissal of Appeal Obligations of Parties Court Process

Case Brief

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Parties

Unknown (Applicant)

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Civil Appeal / Ruling on Application to Set Aside Dismissal

Legal Issues

  1. 1 Whether the dismissal of the appeal should be set aside due to alleged oversight and belief that the court would fix the hearing and issue summons on its own motion.

Ratio Decidendi

The applicant's belief that the court would act on its own motion to fix the hearing and issue summons is unfounded; failure to prosecute the appeal is attributable to the applicant, and such belief cannot justify vacating the dismissal order.

Court Disposition

application dismissed

Orders

  • Application dismissed with costs.