FINCA TANZANIA LIMITED VS. HASSAN LOLILA CIVIL APPLICATION NO. 165/18 OF 2021

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.