AKIBA COMM BANK PLC VS GRAIN HARVEST LTD 2 OTHERS COMM CASE NO

IN THE HIGH COURT OF TANZANIA (COMERCIAL DIVISION) AT DAR ES SALAAM COMMERCIAL CASE NO. 174 OF 2017 AKIBA COMMERCIAL BANK PLC ................................................. PLAINTIFF VERSUS GRAIN HARVEST LIMITED...................... ........................ ......... .....1ST DEFENDANT ASIA SAID RAMSO...................................................................... 2nd DEFENDANT DOROTH HARUNI MUNYER! .......................................................... 3rd DEFENDANT RULING: MWANDAMBO, J: This matter was fixed for hearing today at 11:00 am pursuant to an order made on 17th September, 2018. When the case called for hearing, Mr. Kambo learned Advocate for the Plaintiff i nformed the Court that the only witness who was to testify and stand cross examination was no longer in the employment of the Plaintiff having been terminated. In such circumstances, the learned Counsel found himself i n a dilemma because the likelihood of procuring the witness was too remote for him to ask for adjournment and so he left the matter for the Court's decision. It i s trite under rule 56 (1) of the High Court (Commercial Division) Procedure Rules, 2012 it i s the duty of the party who intends to rely on a witness statement as evidence to cause that witness to attend cross examination. The Plaintiff has not discharged that duty and so, it must be visited by consequences prescribed under rule 56 (2) of the Rules that i s to say; striking out the witness statement which I 1 here do because I have not seen any special or exceptional circumstance to hold otherwise. Having struck out the witness statement of the only witness for the Plaintiff, there will be nothing left out of the suit which remains unproved. In consequence, the suit must be and is hereby dismissed with costs for want 2