20120906 TZHC Dar es Salaam 1
The applicant failed to appear and prosecute the application on several occasions without justification, indicating abandonment; therefore, the application is dismissed for want of prosecution under Order 9 Rule 8 of the Civil Procedure Code, Cap. 33.
Source-derived case information.
- Citation
- 20120906 TZHC Dar es Salaam 1
- Parties
- Applicant: Hassan Abubakar; Respondent: Martin Mgombela & 2 Others
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 September 2012
- Procedural Posture
- Miscellaneous Land Application / Ruling on Preliminary Objection and Application for Dismissal
- Outcome
- Application dismissed for want of prosecution with costs.
- Legal Topics
- Dismissal for Want of Prosecution, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Abubakar
Applicant
Martin Mgombela & 2 Others
Respondent
Procedural Posture
Miscellaneous Land Application / Ruling on Preliminary Objection and Application for Dismissal
Legal Issues
- 1 Whether the application should be dismissed for want of prosecution
Ratio Decidendi
The applicant failed to appear and prosecute the application on several occasions without justification, indicating abandonment; therefore, the application is dismissed for want of prosecution under Order 9 Rule 8 of the Civil Procedure Code, Cap. 33.
Court Disposition
Application dismissed for want of prosecution with costs.
Orders
- Application dismissed for want of prosecution under Order 9 Rule 8 of the Civil Procedure Code, Cap. 33
- Applicant to pay costs
Full Case Text
Judgment text and source record
1 paragraphs
·,: ·,·· .. '~ ·. i .. ,,• ' _'. l . . ·;.· . IN. ·THE ·' HIGH COURT.C)F .. . ·. . :' ,: . TA:i'iZANIA . r-.~--·- '. .. . ''·. . .. . . . (LAND D~visI.ON) . -· , .· . . ... • · · ·AT DAR ~S:SALAAM•. ·,. · • •.. • • I• • ' ·• •• MISC ..tAN.D APPLICATION NO. 24 OF 2011 HASSAN ABQBAKAR . .......... ~-......... ~:. ~ ~ ............. . APPLICANT VERSt.ts . .. MARTIN MGOMBELA & 2 OTHE,RSu••·······RESPONDENT 06/Q9/2012·· •. CoratJ.i:·Hpn. P.•.s. Fikirini, J. For A:pplic<:1nt._i absent For R·espondent - present in person Mr. Malima. B/C. Munuo Mr. Malima: The applicant in this matter absent and the is' same,-was due for hearing of preliminary objection raised by the respondent's today. With respect, the .record shows that the applicant has on several occasions without good and justifiably cause failed to appear and prosecute his application. It is our humble submission that it appears the applicant ha~ abandoned his case and for that reason, for good dispens:ation of justice we pray and invite this : hort~urable cour1:: t~: dismi$s .the application. with costs. It · is .humbly_ submitted. · .:,.: _ Court: -.. The applican-f iri this ap-piication ·has only enter~d . ··, appearance once since thei s?Jlle was: filed· with this court and that was on the' 07 /05/20i2. On that day the rilatter was adjourne4 to another hearing date which he did not appear. .Since we · have no information and as well submitted· by the :respondent's c01J.nsel_Jhe applicant seem to have abaridoried_ pis application. · We all know that matters are brO:ught to court for adjudication and not storage, with thatjn mind l do riot see why the court should keep on thi$. J:riattet·. whil~ lh_~ ohe who brought it seem to have lost interes( . · . . . . .. , . . .. In light of the· above I hereby proceed to dismiss· this applic:ation for want of Prosecution under Order 9 Rule 8 of the ::~BC, . ,.-. Cap. 33, with costs. ·,,•. ·. . . . It is ~o ordered. P.S. FIKIRINI JUDGE 06TH SEPTEMBER, 2012