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Tanzania decisions
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The applicant demonstrated sufficient cause for nonappearance due to genuine miscommunication regarding the hearing time, with no evidence of intent to delay or obstruct justice, and prompt action to restore the suit; therefore, the dismissal order should be set aside and the suit restored.
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The applicant's old age and health problems, supported by uncontroverted evidence, constituted sufficient cause for her late appearance. The court exercised its discretion to set aside the dismissal order and readmit the application.
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The High Court restored a dismissed appeal after finding the applicant’s illness, supported by medical evidence, amounted to sufficient cause for nonappearance.
The High Court allowed a land appeal, finding sufficient cause for counsel’s nonappearance and setting aside the tribunal’s dismissal order.
The Court of Appeal dismissed an application to restore an appeal, finding no sufficient cause for nonappearance and no point of law of sufficient importance.
The High Court restored a dismissed land application after finding that misleading court hearing messages caused the applicant’s nonappearance.
The Court of Appeal refused to restore a dismissed application, finding the applicant had not shown sufficient cause for failing to appear on the hearing date.
Given the nonappearance of both parties and the discretionary language of Order IX Rule 2, the court struck out the appeal to avoid undue hardship to the appellant and preserve the possibility of future action if the respondent fails to pay the remaining debt.
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The High Court dismissed an application to set aside an ex parte order, holding that counsel’s appearance before another judge was not sufficient cause for nonappearance.
The Court of Appeal restored a dismissed civil application after finding sufficient cause for counsel’s absence due to bereavement and prompt action to seek restoration.
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