rudolf temba another vs zanzibar insurance corporation ltd 2007 tzhccomd 69 9 october 2007

rudolf temba another vs zanzibar insurance corporation ltd 2007 tzhccomd 69 9 october 2007

The points raised by the applicants are questions of fact, not law, and do not merit leave to appeal. The applicants failed to show sufficient cause for non-appearance, and the evidence presented was not relevant to the date in question. The learned judge properly exercised discretion in dismissing the suit and the subsequent application.

Citation
rudolf temba another vs zanzibar insurance corporation ltd 2007 tzhccomd 69 9 october 2007
Parties
Applicant/plaintiff: Rudolf Temba; Applicant/plaintiff: Abdallah Hussein Majaliwa; Respondent/defendant: Zanzibar Insurance Corporation Ltd.
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
9 October 2007
Procedural Posture
Application for Leave to Appeal (civil) / Ruling on Application for Leave to Appeal After Dismissal of Suit and Application to Set Aside Dismissal
Outcome
Application dismissed with costs
Legal Topics
Leave to Appeal, Dismissal for Want of Prosecution, Setting Aside Dismissal, Sufficient Cause for Non Appearance
Source Language
English
Civil Procedure Leave to Appeal Dismissal for Want of Prosecution Setting Aside Dismissal Sufficient Cause for Non Appearance

Case Brief

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Parties

Rudolf Temba

Applicant/plaintiff

Abdallah Hussein Majaliwa

Applicant/plaintiff

Zanzibar Insurance Corporation Ltd.

Respondent/defendant

Procedural Posture

Application for Leave to Appeal (civil) / Ruling on Application for Leave to Appeal After Dismissal of Suit and Application to Set Aside Dismissal

Legal Issues

  1. 1 Whether sickness is a sufficient ground to set aside a dismissal order for want of prosecution
  2. 2 Whether a litigant is allowed to annex documents to a reply to a counter affidavit without leave of the court
  3. 3 Whether the points raised merit leave to appeal to the Court of Appeal

Ratio Decidendi

The points raised by the applicants are questions of fact, not law, and do not merit leave to appeal. The applicants failed to show sufficient cause for non-appearance, and the evidence presented was not relevant to the date in question. The learned judge properly exercised discretion in dismissing the suit and the subsequent application.

Court Disposition

Application dismissed with costs

Orders

  • Leave to appeal to the Court of Appeal is refused
  • Application dismissed with costs