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The High Court restored a land appeal dismissed for want of prosecution, holding that the applicant and his advocate had shown sufficient cause for non-appearance through affidavit and medical evidence.
The High Court dismissed an application to extend time to seek setting aside of a dismissal order, finding the applicant gave no sufficient explanation for a nearly 21-month delay.
The High Court in Shinyanga dismissed a civil appeal seeking extension of time after finding the appellant had not shown sufficient cause for the delay.
The applicant failed to provide sufficient reasons for non-appearance in three consecutive court sessions, and did not notify the court in a timely manner; thus, the court declined to exercise its discretion to restore the appeal.
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The applicant's failure to appear was due to a health issue, a supervening event beyond his control, which constitutes sufficient cause to set aside the dismissal order.
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The application was filed out of time without prior leave for extension, rendering it incompetent and depriving the court of jurisdiction to entertain it.
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The applicant demonstrated sufficient cause for non-appearance due to the illness of her advocate, supported by medical evidence. The court is empowered under Order XXXIX Rule 19 of the CPC to restore the appeal when such cause is shown. The dismissal order was therefore set aside and the appeal restored.
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The High Court held it was functus officio after dismissing the land appeal in the parties’ presence and refused to extend time to restore it.
The High Court lacks jurisdiction to restore an appeal dismissed by the Resident Magistrate with extended jurisdiction; such application must be filed before the court that dismissed the appeal.
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The applicant failed to provide a credible and sufficient explanation for his non-appearance, as the affidavit contained inconsistencies regarding the date of illness and lacked evidence of attempts to notify the court, amounting to negligence and lack of diligence. Restoration of the appeal was therefore not justified.
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