Sadru Mangalji versus Abdul Aziz Lalani and 2 others

Sadru Mangalji versus Abdul Aziz Lalani and 2 others; Misc Commercial Application No. 126 of 2016: High Court of Tanzania (Commercial Division) at Mwanza (Unreported).

• Civil Procedure

• Appearance- Dismissal of suit – dismissal of suit for non – appearance of advocate -applicant’s conduct before the non – appearance should be considered.
• Appearance – suit dismissed for non –appearance – application for restoration filed – the court should consider whether the respondent will suffer irreparable loss if the application is restored.

Held:-

(i) The applicant’s conduct before the alleged non-appearance should be taken into consideration in application to set aside a dismissal order.  That is, if the applicant has been appearing in court, the court should take that fact into consideration.

(ii) In an application for restoration for a suit dismissed for non- appearance, the court should also consider whether the respondent would be prejudiced or suffer irreparable injury by the grant of the application.