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Tanzania decisions
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The High Court at Mbeya restored a petition dismissed for want of prosecution after finding sufficient cause from counsel’s bereavement and attempted representation.
The High Court dismissed an application to set aside a dismissal for want of prosecution, finding the applicant had not strictly proved sufficient cause for non-appearance.
The High Court Land Division dismissed an application to set aside a dismissal order because it was filed 53 days late, beyond the 30-day limitation period.
Failure of both the parties and their advocate to appear and to provide sufficient reasons for their non-appearance constitutes insufficient cause for restoration of a dismissed application. The trial tribunal's decision to dismiss the application is upheld.
Source excerpt
Applicant failed to provide sufficient cause for non-appearance; mere engagement of advocate does not absolve duty to follow up; omission of withdrawal notice is not ground for restoration.
Source excerpt
The High Court in Mwanza dismissed an application for extension of time to restore a dismissed civil case, finding the applicant failed to show good cause for the delay.
The application was filed 15 days out of time; under section 3(1) of the Law of Limitation Act, the court lacks jurisdiction and must dismiss the application.
Source excerpt
The High Court restored a dismissed miscellaneous application after finding the applicant showed good cause for her absence through medical evidence and timely attendance at court.
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 granted the applicant 14 days to file a restoration application, finding the delay was technical and not inordinate because she had first pursued appeal steps in good faith.
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