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The High Court dismissed a criminal appeal, holding the appellant failed to prove sufficient cause for non-appearance and that the lower courts were right on restoration procedure.
The applicant failed to provide sufficient cause for non-appearance as the advocate's illness was not shown to be incapacitating, and the advocate assigned to hold brief was not present as claimed. Allowing the application would condone laxity and negligence by counsel.
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The High Court struck out an application to set aside an ex parte order, holding that Order IX Rule 4 did not apply and that the application was premature.
The High Court restored a criminal appeal dismissed for want of prosecution after finding the applicant showed good cause for non-appearance due to illness.
The High Court at Mwanza set aside a dismissal order after finding the applicants had good cause for non-appearance, including counsel’s engagement elsewhere and leave.
The High Court allowed a land appeal, restored the dismissed application, and held that the tribunal wrongly ignored medical evidence and failed to fully assess counsel’s absence.
The High Court refused to restore an appeal dismissed for non-appearance, finding the applicant failed to prove sufficient cause and relied on untruthful affidavit evidence.
The applicant demonstrated sufficient reasons for non-appearance as the advocate was present at the court premises and entered the judge's chamber immediately after the dismissal order, which distinguishes this case from precedents requiring physical presence in the courtroom.
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The High Court dismissed a labour revision application for want of prosecution after the applicant repeatedly failed to appear before the court.
The High Court set aside a dismissal order after accepting that confusing hearing-date messages caused the applicant’s non-appearance and restored the appeal.
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