loshilu karaine others vs abraham melkizedeck kaaya 2024 tzca 93 22 february 2024
The High Court erred by failing to consider the credible and substantiated explanation of the appellants' counsel's sudden illness, supported by a medical chit, and the impracticality of communicating the illness to the court or clients given the short notice. Sickness, when proven, is sufficient cause for non-appearance, and the refusal to restore the application was unjustified.
Source excerpt
- Restoration of dismissed application
- Sufficient cause for non-appearance
- Right to be heard
- Short notice of hearing
- Illness as sufficient cause