lusekelo mwasandube vs knight support t ltd 2021 tzhcld 160 9 june 2021
The applicant failed to appear and prosecute the case for eleven months despite several court orders, indicating loss of interest; therefore, the application is dismissed for want of prosecution.
Source-derived case information.
- Citation
- lusekelo mwasandube vs knight support t ltd 2021 tzhcld 160 9 june 2021
- Parties
- Applicant: Lusekelo Mwasandube; Respondent: Knight Support (T) Ltd
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 9 June 2021
- Procedural Posture
- Labour Revision / Ruling on Dismissal for Want of Prosecution
- Outcome
- dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lusekelo Mwasandube
Applicant
Knight Support (T) Ltd
Respondent
Procedural Posture
Labour Revision / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the applicant's failure to appear and prosecute the case warrants dismissal for want of prosecution
Ratio Decidendi
The applicant failed to appear and prosecute the case for eleven months despite several court orders, indicating loss of interest; therefore, the application is dismissed for want of prosecution.
Court Disposition
dismissed for want of prosecution
Orders
- Revision application number 744/2019 is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF TANZANIA LABOUR DIVISION AT PAR ES SALAAM REVISION NO. 744 OF 2019 BETWEEN LUSEKELO MWASANDUBE.................................. APPLICANT VERSUS KNIGHT SUPPORT (T) LTD............................. RESPONDENT RULING Date of Last Order: 09/06/2021 Date of Ruling:09/06/2021 Z.G.Muruke, J, Lusekelo Mwasandube filed present revision on 18th September, 2019 to challenge Commission for Mediation and Arbitration (CMA) decision dated 7th day of August, 2019. Court issued order to serve respondent and calling for CMA records on 20th September, 2019. Respondent filed necessary documents on 4th December, 2019. Since filing of revision, applicant appeared in person on 20th November, 2019 and on 6th July, 2020. According to the records it is eleven months now, since last appearance made by applicant, despite several court orders. Court orders has to be complied with. None compliance of the same, not only is a disrespect, but create chaos on entire administration of justice. This cannot be left to continue. I understand, Door of the court should be left wide open for furtherance of interest of justice, but not to the extent of i allowing litigant to dump their files in court without appearing. From the records, applicant has lost interest to present his case filed 19th months ago. Thus, Revision application number 744/2019 is dismissed for want of prosecutions. Nl/ v II ' Z.G.Muruke JUDGE 09/06/2021 Ruling delivered in the absence of both^rties^^ Z.G.Muruke JUDGE 09/06/2021 2