hamisi shija shambogo vs issa mohamed msham 2023 tzhc 19899 1 august 2023
The appellant failed to file written submissions as ordered and provided no valid reason for non-compliance, amounting to failure to prosecute and abuse of process, justifying dismissal of the appeal with costs.
Source-derived case information.
- Citation
- hamisi shija shambogo vs issa mohamed msham 2023 tzhc 19899 1 august 2023
- Parties
- Appellant: Hamisi Shija Shambogo; Respondent: Issa Mohamed Msham
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 August 2023
- Procedural Posture
- Civil Appeal / Ruling on Failure to Prosecute Appeal
- Outcome
- appeal dismissed with costs
- Legal Topics
- Dismissal for Want of Prosecution, Abuse of Process, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hamisi Shija Shambogo
Appellant
Issa Mohamed Msham
Respondent
Procedural Posture
Civil Appeal / Ruling on Failure to Prosecute Appeal
Legal Issues
- 1 Whether the appellant failed to prosecute the appeal as required by court orders
- 2 Whether the appellant's request for more time constituted abuse of process
Ratio Decidendi
The appellant failed to file written submissions as ordered and provided no valid reason for non-compliance, amounting to failure to prosecute and abuse of process, justifying dismissal of the appeal with costs.
Court Disposition
appeal dismissed with costs
Orders
- The appeal is dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA AT MTWARA DC CIVIL APPEAL NO. 7 OF 2022 (Originating From Wise. Civil Application No. 5/2022 Mtwara District Court at Mtwara) HAMISI SHIJA SHAMBOGO ................................ ........APPELLANT VERSUS ISSA MOHAMED MSHAM................. .....APPELLANT RULING Date oflast Order; 01.08.2023 Date ofRuting: 01.08.2023 Ebrahim, J: The court on 03/05/2023 ordered the matter to be disposed of by way of written submission. On 07/06/2023, the appellant was recorded saying that he wanted to withdraw the appeal but decided not to. At that time still he has not filed the written submission as ordered by the court nor prayed for extension. Today, the appellant comes with another story that he was waiting for the respondent to begin to file his submission which is weird because as argued by the Respondent they argued their appeal at the District Court by way of written submission. The appellant is telling the court that he did not knew what to do and prays for more time He is lying and imploring delaying tactics in considering that the case is at execution stage. The rules of justice requires both parties to be playing at equal field. This court cannot allow the Appellant to employ delaying tactics and abuse court processes. In the circumstances, I agree with the Respondent that the Appellant has failed to prosecute his case and I accordingly dismiss it with costs. R. A. Ebrahim JUDGE 01/08/2023