henry baraka makundi vs nmb bank plc 2023 tzhclandd 16936 21 september 2023
The applicant failed to provide sufficient and credible reasons for his non-appearance on the hearing dates, as the affidavits were contradictory and unsupported by evidence. The alleged illness or negligence of the advocate did not amount to exceptional circumstances, and ignorance of law is not a valid defense. Therefore, the application to set aside the dismissal order was dismissed.
Source excerpt
- Restoration of dismissed suit
- Sufficient cause for non-appearance
- Advocate negligence
- Ignorance of law
- Affidavit contradictions