mathiasi njile bubinza vs agricultural imputes trust fund others 2016 tzhc 2316 23 june 2016

mathiasi njile bubinza vs agricultural imputes trust fund others 2016 tzhc 2316 23 june 2016

The plaintiff failed to provide lawful excuse or evidence for his and his advocate's alleged illness. The pattern of adjournments and non-appearance showed lack of seriousness in prosecuting the suit. Under Order XVI rule 20 of Cap.33, judgment must be pronounced against the plaintiff for refusal to proceed without lawful excuse.

Citation
mathiasi njile bubinza vs agricultural imputes trust fund others 2016 tzhc 2316 23 june 2016
Parties
Plaintiff: Mathias Njile Bubinza; 1st Defendant: Agricultural Inputs Trust Fund; 2nd Defendant: Ubapa Company Limited Musoma; 3rd Defendant: Abdallah Salehe
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
23 June 2016
Procedural Posture
Civil / Judgment After Hearing on Adjournment Application
Outcome
suit dismissed with costs against the plaintiff
Legal Topics
Adjournment, Dismissal for Want of Prosecution, Costs, Right to Legal Representation, Delay of Cases
Source Language
English
Civil Procedure Adjournment Dismissal for Want of Prosecution Costs Right to Legal Representation Delay of Cases

Case Brief

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Parties

Mathias Njile Bubinza

Plaintiff

Agricultural Inputs Trust Fund

1st Defendant

Ubapa Company Limited Musoma

2nd Defendant

Abdallah Salehe

3rd Defendant

Procedural Posture

Civil / Judgment After Hearing on Adjournment Application

Legal Issues

  1. 1 Whether the plaintiff had lawful excuse for failing to proceed with the hearing
  2. 2 Whether the suit should be dismissed for want of prosecution under Order XVI rule 20 of the Civil Procedure Code

Ratio Decidendi

The plaintiff failed to provide lawful excuse or evidence for his and his advocate's alleged illness. The pattern of adjournments and non-appearance showed lack of seriousness in prosecuting the suit. Under Order XVI rule 20 of Cap.33, judgment must be pronounced against the plaintiff for refusal to proceed without lawful excuse.

Court Disposition

suit dismissed with costs against the plaintiff

Orders

  • Suit dismissed under Order XVI rule 20 of Cap.33
  • Plaintiff to pay costs to the defendants