B.H. LADWA LIMITED V. SALEM CONSTRUCTION, HIGH COURT, COMMERCIAL DIVISION, DAR ES SALAAM (2011).

Sh 8,500.00

Category:

Description

Non-appearance – sufficient cause for non-appearance.

 

  • Non-appearance – clerk was late to inform the court about failure of advocate to appear – matter proceeded ex-parte – application to set aside the ex parte order – no sworn affidavit from that clerk – counsel failed to alert his client, the court or his fellow counsel on failure to attend to court – no sufficient cause for non-appearance

 

  • Non appearance on a date for hearing, not “on various dates” is sufficient to mandatorily dismiss the suit.

 

  • Appearance can be by a party or his recognised agent.