NA TZHC Dar es Salaam
The suit was dismissed because the plaintiff failed to appear and provide evidence, and the reasons for adjournment were inadequate.
Source-derived case information.
- Citation
- NA TZHC Dar es Salaam
- Parties
- Plaintiff: Leparlilico Ndesalucinoi; Defendant: Kamili Samson
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 1 January 1990
- Procedural Posture
- Civil / Ruling on Hearing Date
- Outcome
- Suit dismissed for want of evidence
- Legal Topics
- Dismissal for Want of Prosecution, Adjournment of Hearings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leparlilico Ndesalucinoi
Plaintiff
Kamili Samson
Defendant
Procedural Posture
Civil / Ruling on Hearing Date
Legal Issues
- 1 Whether the suit should be adjourned due to plaintiff's non-appearance
- 2 Whether the suit should be dismissed for want of evidence
Ratio Decidendi
The suit was dismissed because the plaintiff failed to appear and provide evidence, and the reasons for adjournment were inadequate.
Court Disposition
Suit dismissed for want of evidence
Orders
- Suit dismissed for want of evidence
- Defendant to get his costs
Full Case Text
Judgment text and source record
1 paragraphs
if • " IN TIIT~ JU GII COURT IJF Ti'.NZANIA AT ARU-SIIA., ~-_._......,_. .. CIVIL CASE No.· 31 OF 1990 LEPARll.ICO NDES.AlCIN'OI •••••••••••••••.••••••• o • • • • • • • • • • • PLAINTIFF VERSUS Ki\MI LI SiiMSON o a o 'O • • o ti o o o o o o allBIFElffi.i:~JTT \ RULING ... .._.. I note fror.1 the court rGcord inch~ed thnt today' ,3 hearing for ~his suit was fixed as long a6o as 9.3.91 which is exactJ.y five nontbn toclay. Nr. Ngalo therefore ha.d o.uple tine within which to ensure that his client clearly knew ruid runderGtood tha.t ~1fo suit WJ.S cor.i.ing for hc.:1ri11~ today.-, The reason which-YJ.tt., Ngalo suggcats for thG non-ap1)earance of the plaintiff is rca.lly sheer -surmise and cannot a.uount to sufficient - ad' . reason to justify JO~~he hearing of the :.mit. Since Mr. Ngalo · is unable to i.)roceed with the hoarine; of the ca3e, it is hei:cby o:cclorod. that the suit . . be and is hereby dis;:rissed for i.,o.nt of evidence to ]:irove the claim• ... !' ~J ' I wish to add that it is importan~, in ord.er to avoid the curront unhealthy situa.tion in thi~ rogiatry in which there are numerous pending cases whioh have resulted iri the main part from frequent unnecesnary adjournments, for the court to be atrict and refuse ap;:Jlico.tions ' for adjournment whi.ch are not backcid by very cogent reasons. ,It is partly for th•~ about sta.nco ,that I have rofuac~. to accept the inadeq_u2te rea.sonswhich were eiven by }JX. Ngo.lo-. The dafend.a.nt to get his costs.· (J,A, Mroso), JUDGE,