elifaraji mrindoko vs air tanzania holding corporation another 2011 tzhc 2031 15 july 2011

elifaraji mrindoko vs air tanzania holding corporation another 2011 tzhc 2031 15 july 2011

A suit cannot be dismissed for want of prosecution under Order IX Rule 8 when the plaintiff is present in court; the court must first ask the plaintiff if he is ready to proceed without his advocate. Failure to do so is an error apparent on the record and causes injustice.

Citation
elifaraji mrindoko vs air tanzania holding corporation another 2011 tzhc 2031 15 july 2011
Parties
Applicant: Elifaraji Mrindoko; 1st Respondent: Air Tanzania Holding Corporation; 2nd Respondent: Majembe Auction Mart
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 July 2011
Procedural Posture
Civil Revision / Ruling on Application for Revision
Outcome
application allowed
Legal Topics
Dismissal for Want of Prosecution, Right to Be Heard, Revisionary Jurisdiction
Source Language
English
Civil Procedure Dismissal for Want of Prosecution Right to Be Heard Revisionary Jurisdiction

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Parties

Elifaraji Mrindoko

Applicant

Air Tanzania Holding Corporation

1st Respondent

Majembe Auction Mart

2nd Respondent

Procedural Posture

Civil Revision / Ruling on Application for Revision

Legal Issues

  1. 1 Whether a suit can be dismissed for want of prosecution under Order IX Rule 8 when the plaintiff is present but his advocate is absent

Ratio Decidendi

A suit cannot be dismissed for want of prosecution under Order IX Rule 8 when the plaintiff is present in court; the court must first ask the plaintiff if he is ready to proceed without his advocate. Failure to do so is an error apparent on the record and causes injustice.

Court Disposition

application allowed

Orders

  • Order of dismissal by the trial magistrate set aside
  • Civil Case No. 250 of 2005 to proceed to hearing at RM's Court at Kisutu