19951227 TZHC Dar es Salaam

19951227 TZHC Dar es Salaam

The court held that, despite procedural irregularities and lack of medical evidence, justice demanded the applicant be given the benefit of the doubt regarding her failure to submit written submissions in time. The dismissal order of 19/7/96 was set aside and the application filed on 27th December 1995 was to proceed on merits.

Citation
19951227 TZHC Dar es Salaam
Parties
Applicant: Ziada Mbegu; Respondent: Athumani Pambe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
27 December 1995
Procedural Posture
Application for Extension of Time and Setting Aside Dismissal Order / Ruling on Applications to Set Aside Dismissal Order and for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Setting Aside Dismissal Order, Probate and Administration, Written Submissions, Representation by Advocate
Source Language
English
Civil Procedure Extension of Time Setting Aside Dismissal Order Probate and Administration Written Submissions Representation by Advocate

Case Brief

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Parties

Ziada Mbegu

Applicant

Athumani Pambe

Respondent

Procedural Posture

Application for Extension of Time and Setting Aside Dismissal Order / Ruling on Applications to Set Aside Dismissal Order and for Extension of Time

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for extension of time to set aside the dismissal order of 19/7/96
  2. 2 Whether the applicant's failure to file written submissions in time was justified

Ratio Decidendi

The court held that, despite procedural irregularities and lack of medical evidence, justice demanded the applicant be given the benefit of the doubt regarding her failure to submit written submissions in time. The dismissal order of 19/7/96 was set aside and the application filed on 27th December 1995 was to proceed on merits.

Court Disposition

Application allowed

Orders

  • Dismissal order dated 19/7/96 set aside
  • Application filed on 27th December 1995 to proceed on merits