veronica john ufunguo vs life server microfinance company and 2 others 2023 tzhc 15704 28 february 2023

veronica john ufunguo vs life server microfinance company and 2 others 2023 tzhc 15704 28 february 2023

The court found that the applicant's counsel provided sufficient cause for nonappearance by furnishing proof of his attendance at the High Court and by sending another advocate to notify the tribunal. The tribunal's dismissal order was therefore set aside, and the matter was ordered to proceed before another competent Chairman.

Citation
veronica john ufunguo vs life server microfinance company and 2 others 2023 tzhc 15704 28 february 2023
Parties
Appellant: Veronica John Ufunguo; 1st Respondent: Life Server Microfinance Company; 2nd Respondent: Nkaya Company Limited; 3rd Respondent: Judith Francis Lelo
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 February 2023
Procedural Posture
Land Appeal / Appeal From Dismissal of Application to Set Aside Dismissal Order
Outcome
Appeal allowed
Legal Topics
Restoration of Dismissed Application, Sufficient Cause for Nonappearance, Judicial Discretion in Setting Aside Orders
Source Language
English
Land Law Civil Procedure Restoration of Dismissed Application Sufficient Cause for Nonappearance Judicial Discretion in Setting Aside Orders

Case Brief

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Parties

Veronica John Ufunguo

Appellant

Life Server Microfinance Company

1st Respondent

Nkaya Company Limited

2nd Respondent

Judith Francis Lelo

3rd Respondent

Procedural Posture

Land Appeal / Appeal From Dismissal of Application to Set Aside Dismissal Order

Legal Issues

  1. 1 Whether the trial tribunal erred in dismissing the application to set aside dismissal order for nonappearance
  2. 2 Whether sufficient cause was shown for nonappearance of the applicant and her counsel

Ratio Decidendi

The court found that the applicant's counsel provided sufficient cause for nonappearance by furnishing proof of his attendance at the High Court and by sending another advocate to notify the tribunal. The tribunal's dismissal order was therefore set aside, and the matter was ordered to proceed before another competent Chairman.

Court Disposition

Appeal allowed

Orders

  • Dismissal order set aside
  • Matter to proceed for hearing from where it ended before dismissal and before another competent Chairman