20071018 TZHC Arusha

20071018 TZHC Arusha

The existence of conflicting High Court decisions on whether failure to file written submissions justifies dismissal for want of prosecution constitutes a contentious issue of law fit for consideration by the Court of Appeal, warranting certification and leave to appeal.

Citation
20071018 TZHC Arusha
Parties
Applicant: Daniel King'ori; Respondent: Vicent Shirima
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 October 2007
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Certificate on Point of Law and Leave to Appeal
Outcome
Application granted
Legal Topics
Leave to Appeal, Certificate on Point of Law, Dismissal for Want of Prosecution, Written Submissions
Source Language
English
Civil Procedure Appellate Practice Leave to Appeal Certificate on Point of Law Dismissal for Want of Prosecution Written Submissions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Daniel King'ori

Applicant

Vicent Shirima

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Certificate on Point of Law and Leave to Appeal

Legal Issues

  1. 1 Whether the High Court was correct in holding that the District Court erred in dismissing the respondent's appeal for failure to present written submissions within the time ordered by the District Court
  2. 2 Whether a court is entitled to dismiss an appeal for want of prosecution where a party/appellant fails to comply with a court order for filing written submissions

Ratio Decidendi

The existence of conflicting High Court decisions on whether failure to file written submissions justifies dismissal for want of prosecution constitutes a contentious issue of law fit for consideration by the Court of Appeal, warranting certification and leave to appeal.

Court Disposition

Application granted

Orders

  • Certificate on point of law issued
  • Leave to appeal to the Court of Appeal granted