20200825 TZHC Dar es Salaam

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) AT DAR ES SALAAM LAND CASE NO. 77 OF 2017 AUREKE COMPANY LIMITED ................................. PLAINTIFF VERSUS ACCESS BANK TANZANIA LIMITED ........................ DEFENDANT RULING: Date of Ruling: 2Sh day of August, 2020 RWIZILE, J. This is a long time case. It has been in our registry since 2017. Since March, 2020, when this case was transferred to me the plaintiff through Mr. Jonathan Wanguba appeared. It was on 16/3/2020 and again on 24/6/2020 appeared through Faizal Salah who said was no longer with instruction from the plaintiff. She was asked to come with plaintiff in person before she can be discharged. On 14th July, 2020, Faisal Salah appeared and was discharged, since on that day, she appeared with one Miss. Kiligiti advocate who was now recorded to have been duly instructed by the plaintiff to have conduct of the case. She prayed for hearing on another date because she was not prepared to do so on that day. On 18/8/2020, neither the plaintiff nor her advocate Kiligiti who appeared. Mr. Malya for the defendant asked this court to dismiss the plaint for want J • of prosecution. The same was denied only on grounds that the plaintiff be given another chance to appear and prosecute this case. Mr. Malya was directed on that date to notify the plaintiff which he did. By the affidavit sworn by the process server, filed with this court. It is alleged that the plaintiff premises which is a school is as if abandoned. They could not trace anybody save the watchman on the addresses given. That was supplemented with Malyas' statement. That being the case, because the plaintiff has consistently absented herself without cause. I agree that this case be dismissed for want of prosecution Under order 9 rule 8 of Civil Procedure Code. It is dismissed with costs. In respect of the counter claim filed by the defendant. Having seen the way, it is filed; and the nature of the claim itself.