Ng’anzo v. Chobu (PC) Civ. Rev. 3-A-70; 11/3/71; Kwikima Ag. J.

 Ng’anzo v. Chobu (PC) Civ. Rev. 3-A-70; 11/3/71; Kwikima Ag. J.

This is an application seeking to move the High Court to exercise its revisionary power to cause a District Court to hear the matter on appeal after dismissing the same for non-attendance by the appellant. The applicant stated that his advocate wrote several times to the District Court requesting it to fix a hearing date but none was fixed and the appeal was dismissed without his knowledge.

            Held: “There can be no doubt that the petitioner was not afforded reasonable opportunity to pursue his appeal. Accordingly I hereby set aside the order dismissing the appeal ex parte. The record is remitted to the District Magistrate, Babati, with directions to reopen the appeal and thereafter to proceed according to law.