20160222 TZHC Mwanza

20160222 TZHC Mwanza

The appellant provided a good and sufficient reason for her non-appearance, namely attending to her ill mother, and acted promptly to restore the application. The tribunal erred in rejecting the application to set aside the dismissal order.

Citation
20160222 TZHC Mwanza
Parties
Appellant: Veronica Lugola; Respondent: Tabu Kulwa
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 February 2016
Procedural Posture
Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal
Outcome
Appeal allowed
Legal Topics
Restoration of Dismissed Application, Sufficient Cause for Non Appearance, Discretion to Set Aside Dismissal
Source Language
English
Land Law Civil Procedure Restoration of Dismissed Application Sufficient Cause for Non Appearance Discretion to Set Aside Dismissal

Case Brief

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Parties

Veronica Lugola

Appellant

Tabu Kulwa

Respondent

Procedural Posture

Miscellaneous Land Case Appeal / Judgment on Appeal From District Land and Housing Tribunal

Legal Issues

  1. 1 Whether the District Land and Housing Tribunal erred in rejecting the application to set aside dismissal for non-appearance
  2. 2 What constitutes sufficient cause for non-appearance in execution proceedings

Ratio Decidendi

The appellant provided a good and sufficient reason for her non-appearance, namely attending to her ill mother, and acted promptly to restore the application. The tribunal erred in rejecting the application to set aside the dismissal order.

Court Disposition

Appeal allowed

Orders

  • Order of the District Land and Housing Tribunal rejecting to set aside the dismissal order is set aside
  • Application No 7/2014 for execution is restored