antonino giovanni catania vsdevergy east africa limited 2020 tzhcld 3785 19 november 2020
The applicant failed to serve the respondent and did not appear for 11 months, indicating loss of interest; therefore, the application is dismissed for want of prosecution.
Source-derived case information.
- Citation
- antonino giovanni catania vsdevergy east africa limited 2020 tzhcld 3785 19 november 2020
- Parties
- Applicant: Antonino Giovanni Catania; Respondent: Devergy East Africa Limited
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 19 November 2020
- Procedural Posture
- Labour Revision / Judgment
- Outcome
- dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Service of Process, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Antonino Giovanni Catania
Applicant
Devergy East Africa Limited
Respondent
Procedural Posture
Labour Revision / Judgment
Legal Issues
- 1 Whether the applicant prosecuted the case with due diligence
- 2 Whether failure to serve the respondent and appear constitutes loss of interest
Ratio Decidendi
The applicant failed to serve the respondent and did not appear for 11 months, indicating loss of interest; therefore, the application is dismissed for want of prosecution.
Court Disposition
dismissed for want of prosecution
Orders
- Revision application number 937/2019 is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA LABOUR DIVISION AT PAR ES SALAAM REVISION NO. 937 OF 2019 BETWEEN ANTONINO GIOVANNI CATANIA........................... APPLICANT VERSUS Ar DEVERGY EAST AFRICA LIMITED........................ RESPONDENT JUDGMENT Date of Last Order: 19/11/2020 Date ofJudgment: 19/11/2020 Z.G, Muruke, J, Applicant filed present revision on 19th December, 2019. Since filing no appearance has ever been made. Equally applicant has not served respondent since filing despite several court orders. Applicant is the one who knocked the door of this court yet, he is not ready to prosecute his case filed 11 months ago. Dispute started in 2016 at Commission for Mediation and Arbitration, today is a period of five years. From the records, failure to serve respondent and appear for 11 months is a sign of loss of interest to prosecute the case. Thus, revision application number 937/2019 is dismissed for want of prosecutions. Z.G.Muruke JUDGE 19/11/2020 i Ruling delivered in the absence of all the parties. 5 z.G.Murake JUDGE 19/11/2020 2