| dc.contributor.author | KOHWELO, J. A | |
| dc.date.accessioned | 2023-05-03T11:17:24Z | |
| dc.date.available | 2023-05-03T11:17:24Z | |
| dc.date.issued | 2022-08-26 | |
| dc.identifier.uri | http://localhost/handle/123456789/1183 | |
| dc.description | FINCA TANZANIA LIMITED VERSUS HASSAN LOLILA COURT OF APPEAL OF TANZANIA CIVIL APPLICATION NO. 165/18 OF 2021
(Application for restoration of Civil Application No. 276/18 of 2019 arising from the decision of the High Court of Tanzania, Labour Division at Dar es Salaam) dated the 26th day of September, 2017 in Labour Revision No. 382 OF 2016)
Civil Procedure and Practice – Restoration of civil suits – Conditions for grant
In this application the applicant, represented by Ms. Stella Manongi, learned counsel by way of notice of motion filed on 9th April, 2021 under Rule 63(3) of the Tanzania Court of Appeal Rules, 2009 (the Rules) is seeking restoration of Civil Application No. 276/18 of 2019 for extension of time within which the applicant shall lodge notice of appeal. This follows a dismissal order (Levira, J.) dated 11th February, 2020. The notice of motion has been supported by sworn affidavit of Ms. Stella Manongi wherein, the reasons for the applicant's failure to appear on the date of the hearing of the application have been indicated. The application was resisted by the respondent who submitted from the Bar since he did not file any affidavit in reply nor any written submission.
Held;
i. The law is very settled and clear in this jurisdiction that, in order for the applicant to succeed to prompt the court to exercise its discretion under rule 63(3) of the Rules to restore an application which was dismissed he must bring to the fore justification that he was prevented by any sufficient cause from appearing when the application was called on for hearing.
ii. it is clear that restoration being a matter within the Court's discretion, cannot be laid by any hard and fast rules but will be determined by reference to all the circumstances of each particular case.
Application granted.
Provisions of law referred
i. Rule 63(3) of the Tanzania Court of Appeal Rules, 2009
Cases referred
i. Transafrica Assurance Co. Ltd v. Cimbria (E.A.) Ltd (2002) E.A. 627. | en_US |
| dc.description.abstract | 1. The law is very settled and clear in this jurisdiction that, in order for the applicant to succeed to prompt the court to exercise its discretion under rule 63(3) of the Rules to restore an application which was dismissed he must bring to the fore justification that he was prevented by any sufficient cause from appearing when the application was called on for hearing.
2. it is clear that restoration being a matter within the Court's discretion, cannot be laid by any hard and fast rules but will be determined by reference to all the circumstances of each particular case. | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | THE COURT OF APPEAL OF TANZANIA, DAR ES SALAAM. | en_US |
| dc.subject | DAR ES SALAAM. | en_US |
| dc.title | FINCA TANZANIA LIMITED VS. HASSAN LOLILA CIVIL APPLICATION NO. 165/18 OF 2021 | en_US |
| dc.title.alternative | CIVIL APPLICATION NO. 165/18 OF 2021 | en_US |
